Gisler v. K-Mart Corp.

District Court of Appeal of Florida

Gisler v. K-Mart Corp.

706 So. 2d 949, 1998 Fla. App. LEXIS 2483, 1998 WL 107301

CourtDistrict Court of Appeal of Florida

DecidedMarch 13, 1998

DocketNo. 97-2575

StatusPublished

This text of 706 So. 2d 949 (Gisler v. K-Mart Corp.) 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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Gisler v. K-Mart Corp., 706 So. 2d 949, 1998 Fla. App. LEXIS 2483, 1998 WL 107301 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

In this premises liability ease,- the trial court entered an order . vacating the jury verdict in favor of -appellants and directing a verdict for appellee K-Mart. The trial court correctly concluded that appellants failed to adduce evidence upon which K-Mart could be charged with constructive notice of the substance upon which appellant Ruth Gisler slipped and fell. Without indicia of constructive notice the jury verdict in appellants’ favor was “sheer speculation.” See Broz v. Winn-Dixie Stores, Inc., 546 So.2d 83 (Fla 3d DCA 1989); Winn-Dixie Stores, Inc. v. [950]*950Marcotte, 553 So.2d 213, 215 (Fla. 5th DCA 1989).

AFFIRMED.

MINER, KAHN and WEBSTER, JJ., concur.

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PER CURIAM.

In this premises liability ease,- the trial court entered an order . vacating the jury verdict in favor of -appellants and directing a verdict for appellee K-Mart. The trial court correctly concluded that appellants failed to adduce evidence upon which K-Mart could be charged with constructive notice of the substance upon which appellant Ruth Gisler slipped and fell. Without indicia of constructive notice the jury verdict in appellants’ favor was “sheer speculation.” See Broz v. Winn-Dixie Stores, Inc., 546 So.2d 83 (Fla 3d DCA 1989); Winn-Dixie Stores, Inc. v. [950]*950Marcotte, 553 So.2d 213, 215 (Fla. 5th DCA 1989).

AFFIRMED.

MINER, KAHN and WEBSTER, JJ., concur.

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706 So. 2d 949, 1998 Fla. App. LEXIS 2483, 1998 WL 107301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gisler-v-k-mart-corp-fladistctapp-1998.

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