Billingslee ex rel. Long v. City of Hallandale

District Court of Appeal of Florida

Billingslee ex rel. Long v. City of Hallandale

570 So. 2d 1000, 1990 Fla. App. LEXIS 6807, 1990 WL 129664

CourtDistrict Court of Appeal of Florida

DecidedSeptember 12, 1990

DocketNos. 89-0846, 89-1305

StatusPublished

This text of 570 So. 2d 1000 (Billingslee ex rel. Long v. City of Hallandale) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Billingslee ex rel. Long v. City of Hallandale, 570 So. 2d 1000, 1990 Fla. App. LEXIS 6807, 1990 WL 129664 (Fla. Ct. App. 1990).

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STONE, Judge.

The plaintiffs appeal a judgment entered on a directed verdict for the City. Tiffany Billingslee was injured using a swing set at the defendant’s park when a swing chain “popped” and broke. She was using the swing in a normal fashion. There was testimony, confirmed by photographs in evidence, that the chain was rusted and corroded. There was also testimony that the city had no maintenance procedure for inspecting the twenty-five year old equipment. However, the chain was not introduced, nor was there any direct evidence that the rust caused the chain to break. The appellee has the duty to operate the park safely. Avallone v. Board of County Commissioners of Citrus County, 493 So.2d 1002 (Fla.1986).

Upon a review of the record, we conclude that it was error to enter a directed verdict. The evidence, circumstantial and supporting, taken in the light most favorable to appellant, states a prima facie case. Thomas v. Perry Mfg., Inc., 539 So.2d 2 (Fla. 4th DCA), rev. denied, 551 So.2d 462 (1989); Armor Elevator Co. v. Wood, 312 So.2d 514 (Fla. 3d DCA 1975), cert. denied, 330 So.2d 14 (Fla.1976); McCarthy v. Florida Ladder Co., 295 So.2d 707 (Fla. 2d DCA 1974); C.R. Bard, Inc. v. Mason, 247 So.2d 471 (Fla. 2d DCA), cert. denied, 251 So.2d 878 (1971).

REVERSED AND REMANDED.

ANSTEAD, J., and OWEN, WILLIAM C., Jr., Associate Judge, concur.

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STONE, Judge.

The plaintiffs appeal a judgment entered on a directed verdict for the City. Tiffany Billingslee was injured using a swing set at the defendant’s park when a swing chain “popped” and broke. She was using the swing in a normal fashion. There was testimony, confirmed by photographs in evidence, that the chain was rusted and corroded. There was also testimony that the city had no maintenance procedure for inspecting the twenty-five year old equipment. However, the chain was not introduced, nor was there any direct evidence that the rust caused the chain to break. The appellee has the duty to operate the park safely. Avallone v. Board of County Commissioners of Citrus County, 493 So.2d 1002 (Fla.1986).

Upon a review of the record, we conclude that it was error to enter a directed verdict. The evidence, circumstantial and supporting, taken in the light most favorable to appellant, states a prima facie case. Thomas v. Perry Mfg., Inc., 539 So.2d 2 (Fla. 4th DCA), rev. denied, 551 So.2d 462 (1989); Armor Elevator Co. v. Wood, 312 So.2d 514 (Fla. 3d DCA 1975), cert. denied, 330 So.2d 14 (Fla.1976); McCarthy v. Florida Ladder Co., 295 So.2d 707 (Fla. 2d DCA 1974); C.R. Bard, Inc. v. Mason, 247 So.2d 471 (Fla. 2d DCA), cert. denied, 251 So.2d 878 (1971).

REVERSED AND REMANDED.

ANSTEAD, J., and OWEN, WILLIAM C., Jr., Associate Judge, concur.

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570 So. 2d 1000, 1990 Fla. App. LEXIS 6807, 1990 WL 129664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/billingslee-ex-rel-long-v-city-of-hallandale-fladistctapp-1990.

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