KAREN GARDENS, INC.
v.
WALEN ET AL.
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Karen Gardens, Inc. appeals a jury verdict awarding damages to Jackie Walen for injuries sustained when she fell on a negligently maintained slick terrazzo floor in a breezeway at Karen Club Apartments. The Florida Supreme Court affirmed the judgment, finding the evidence supported the jury's determination of negligence.
The jury verdict finding Karen Gardens, Inc. negligent was affirmed. The evidence was sufficient to establish the elements of negligence, and the jury properly determined that the defendant's failure to maintain safe conditions and warn of known dangers caused Walen's injuries.
“The complaint stated a cause of action.”
Establishes that Walen's pleading properly alleged the elements of negligence against the defendant.
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Join FLexlaw to unlock all legal intelligenceOn April 8, 1951, at approximately 1:00 A.M., Jackie Walen fell while lawfully walking through a breezeway west of the swimming pool at Karen Club Apa…
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BUFORD, Justice.
The appeal is from a judgment in favor of plaintiff in a tort action wherein it was alleged, in effect, “that on or about April 8, 1951, at approximately 1:00 o’clock A.M., the defendant, Karen Gardens, Inc., was possessed of and in control, and had the responsibility and duty of maintaining the safe condition of a certain breezeway situate just west of the swimming pool located at Karen Club Apartments in Fort Lauderdale, Florida, and did: * * * so negligently allow the floor which was constructed with terrazzo to be in-a slick and slippery and therefore in an unsafe condition, after knowledge by the defendant of said condition, and so negligently failed to warn the plaintiff, Jackie Walen, of the known dangeriand unsafe condition of the said floor of said breezeway, and so negligently permitted the said floor in the said breezeway to be in slick and slippery condition after knowledge thereof, and which slick and slippery condition was not observable to tenants of the Karen Club Apartments using the said breezeway, that the negligent acts * * * caused the plaintiff, Jackie Walen, to fall while she was lawfully walking upon and using said breezeway * * *; that as a proximate result thereof, plaintiff, Jackie Walen, was seriously and permanently injured.”
The complaint stated a cause of action.
Whether' the proof. established as true the allegations of the complaint was a question for the jury to determine and one about which reasonable minds might differ. See Mertz v. Krueger, Fla., 58 So. 2d 160, and cases there cited.
We have examined the evidence in this case and feel that we are not warranted in disturbing the verdict and judgment. Therefore, the judgments are affirmed.
It is so ordered.
ROBERTS, C. J., DREW, J., and TAYLOR, Associate Justice, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sadowsky v. Levine, 135 So. 2d 776 (Fla. 3d DCA 1961)…rcise of reasonable care and diligence should have been known to the defendant but * * * was not known to the plaintiff.” The allegation quoted is very close to that of the pleader in the instant complaint. See also Karen Gardens v. Walen, Fla.1954, 71 So. 2d 732. In reference to the last part of the allegation, i. e., “was not known to the plaintiff” it was held in the case of Welch v. Moothart, Fla.1956, 89 So. 2d 485, 487 that an allegation of freedom from contributory negligence contained in a complaint…
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Winer v. Walo, Inc., 105 So. 2d 376 (Fla. 3d DCA 1958)…ling of sand or gravel thereon, or permitting sufficient dirt to accumulate to destroy the smoothness, but no such obligation or liability is placed upon those having charge of such building.” In the case of Karen Gardens, Inc., v. Walen, Fla.1954, 71 So. 2d 732, the Supreme Court refused to disturb a judgment for the plaintiff in a personal injury action. The negligence alleged was that the defendant, who was the owner of the apartment building involved, had the responsibility and duty of maintaining the s…
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Sussman v. McKNIGHT, 163 So. 2d 803 (Fla. 3d DCA 1964)…PER CURIAM. Affirmed. See Karen Gardens v. Walen, Fla.1954, 71 So. 2d 732. Compare Durden v. Dranetz, Fla.App.1958, 99 So. 2d 716.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mertz v. Krueger, 58 So.2d 160 (Fla. 1952)