Gates v. State Department of Transportation

District Court of Appeal of Florida

Gates v. State Department of Transportation

513 So. 2d 1386, 12 Fla. L. Weekly 2488, 1987 Fla. App. LEXIS 10721

CourtDistrict Court of Appeal of Florida

DecidedOctober 27, 1987

DocketNo. 87-440

StatusPublished

Cited by1 cases

This text of 513 So. 2d 1386 (Gates v. State Department of Transportation) 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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Gates v. State Department of Transportation, 513 So. 2d 1386, 12 Fla. L. Weekly 2488, 1987 Fla. App. LEXIS 10721 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

The judgment entered on a directed verdict for the defendant-appellee Department of Transportation in. a sidewalk trip and fall case is reversed. We conclude that the trial court abused its discretion in denying the plaintiff’s motion to reopen her case to introduce evidence that the statutory notice had been given, Sobel v. Jefferson Stores, Inc., 459 So.2d 433 (Fla. 3d DCA 1984); Adkins v. Taylor, 314 So.2d 13 (Fla. 1st DCA 1975),. and that jury questions were presented as to the defendant’s negligent maintenance of the area, comparative negligence and legal causation, Mullis v. City of Miami, 60 So.2d 174 (Fla.1952); Martin v. Consolidated City of Jacksonville, 483 So.2d 804 (Fla. 1st DCA 1986); Leon v. City of Miami, 312 So.2d 518 (Fla. 3d DCA 1975); Miami Shores Village v. Lingler, 157 So.2d 716 (Fla. 3d DCA 1963); Metropolitan Dade County v. Yelvington, 392 So.2d 911 (Fla. 3d DCA 1980).

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PER CURIAM.

The judgment entered on a directed verdict for the defendant-appellee Department of Transportation in. a sidewalk trip and fall case is reversed. We conclude that the trial court abused its discretion in denying the plaintiff’s motion to reopen her case to introduce evidence that the statutory notice had been given, Sobel v. Jefferson Stores, Inc., 459 So.2d 433 (Fla. 3d DCA 1984); Adkins v. Taylor, 314 So.2d 13 (Fla. 1st DCA 1975),. and that jury questions were presented as to the defendant’s negligent maintenance of the area, comparative negligence and legal causation, Mullis v. City of Miami, 60 So.2d 174 (Fla.1952); Martin v. Consolidated City of Jacksonville, 483 So.2d 804 (Fla. 1st DCA 1986); Leon v. City of Miami, 312 So.2d 518 (Fla. 3d DCA 1975); Miami Shores Village v. Lingler, 157 So.2d 716 (Fla. 3d DCA 1963); Metropolitan Dade County v. Yelvington, 392 So.2d 911 (Fla. 3d DCA 1980).

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513 So. 2d 1386, 12 Fla. L. Weekly 2488, 1987 Fla. App. LEXIS 10721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gates-v-state-department-of-transportation-fladistctapp-1987.

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