From Casetext: Smarter Legal Research

Roach v. Raubar

District Court of Appeal of Florida, Third District
Aug 15, 1978
362 So. 2d 84 (Fla. Dist. Ct. App. 1978)

Summary

reversing directed verdict in favor of defendant, court held that evidence of damaged stair step showed prima facie case even though plaintiff did not testify that broken step caused her fall

Summary of this case from Jennaro v. Bonita-Fort Myers Corp.

Opinion

No. 77-2099.

August 15, 1978.

Appeal from the Circuit Court, Dade County, Harold R. Vann, J.

Edward A. Sirkin and David S. Wieder, Miami, for appellant.

John W. Fowler, Miami, for appellee.

Before PEARSON and KEHOE, JJ., and PIERCE, WILLIAM C. (Ret.), Associate Judge.


Ellen K. Roach, the plaintiff below, brings this appeal from a final judgment entered upon a directed verdict for the defendant, Helen Raubar. The directed verdict was entered for the defendant at the close of the plaintiff's case. We reverse upon a holding that the evidence presented showed a prima facie case. See Brookbank v. Mathieu, 152 So.2d 526 (Fla. 3d DCA 1963).

The plaintiff testified that she was ascending the steps of an apartment house owned and operated by the defendant and that as she reached the top (third) step, she fell. Photographs admitted into evidence showed that the top step was badly broken and damaged with large chunks broken from the lip of the step. Plaintiff did not testify that the broken step caused her to fall. Presumably, for this reason, the trial court entered the directed verdict and the defendant here urges that the directed verdict was proper because to hold that the plaintiff fell because of the defective condition would be to place an inference upon an inference, relying upon Commercial Credit Corporation v. Varn, 108 So.2d 638 (Fla. 1st DCA 1959).

We hold that the principle stated in the Commercial Credit Corporation case is not applicable here because the defective condition of the step was not a presumption but must be regarded as a fact from the photographic evidence and plaintiff's testimony. Under the circumstances of this case, the jury would be entitled to find that the plaintiff's fall was occasioned by the defective condition inasmuch as the evidence shows that the fall occurred at the time and place where the defective condition existed. Cf. Fletcher v. Petman Enterprises, Inc., 324 So.2d 135 (Fla. 3d DCA 1975); and Majeske v. Palm Beach Kennel Club, 117 So.2d 531 (Fla. 2d DCA 1959).

The final judgment is reversed and the cause remanded for a new trial.

Reversed and remanded.


Summaries of

Roach v. Raubar

District Court of Appeal of Florida, Third District
Aug 15, 1978
362 So. 2d 84 (Fla. Dist. Ct. App. 1978)

reversing directed verdict in favor of defendant, court held that evidence of damaged stair step showed prima facie case even though plaintiff did not testify that broken step caused her fall

Summary of this case from Jennaro v. Bonita-Fort Myers Corp.
Case details for

Roach v. Raubar

Case Details

Full title:ELLEN K. ROACH, APPELLANT, v. MRS. JOHN (HELEN) RAUBAR, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Aug 15, 1978

Citations

362 So. 2d 84 (Fla. Dist. Ct. App. 1978)

Citing Cases

Wong v. Crown Equipment Corp.

mmary judgment in that the record reveals plaintiff fell to the driveway directly below the steps and the…

Simon v. Gables Plaza Condo. Ass'n

Even if Simon fell on the edge of the mat, we cannot assume that this was a smooth surface or that the mat…