EDNA M. JOHNSON, JOINED BY HER HUSBAND, L. M. JOHNSON,
v.
CITY OF JACKSONVILLE, A MUNICIPAL CORPORATION
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The Florida Supreme Court affirmed a directed verdict for the City of Jacksonville in a personal injury case. The court found that the plaintiff failed to present sufficient evidence to establish the city's knowledge of the dangerous street defect, and the doctrine of res ipsa loquitur did not apply.
No, the plaintiff's evidence was insufficient to establish the city's liability. The doctrine of res ipsa loquitur was not applicable, and there was no evidence that the city knew or should have known of the defect.
“Without applying the doctrine of res ipsa loquitur plaintiff's evidence was insufficient to establish liability of defendant.”
Establishes the core legal deficiency identified by the court.
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Join FLexlaw to unlock all legal intelligencePlaintiff Edna M. Johnson was injured when her car drove into a hole in a paved city street, caused by the foundation washing out from under the pavem…
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This was a suit for damages caused by personal injuries resulting from one of the plaintiffs driving an automobile into a hole which had recently occurred in a paved street of the City of Jacksonville and which hole was caused by the washing out of the foundation from under the pavement.
*15At the close of plaintiff’s testimony, defendant moved for a directed verdict and upon the court intimating that the motion would be granted, the plaintiff took non-suit with bill of exceptions.
Without applying the doctrine of res ipsa loquitur plaintiff’s evidence was insufficient to establish liability of defendant.
The doctrine of res ipsa loquitur does not apply to this case. See 25 Am. Juris, pages 853, 854.
There is nothing in the evidence to show that the defendant either knew, or should with reasonable diligence have known, of the alleged defect in the street.
The judgment is affirmed.
So ordered.
CHAPMAN, C. J., TERRELL and ADAMS, JJ., concur.
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