Hodges v. Walsh

District Court of Appeal of Florida

Hodges v. Walsh

553 So. 2d 221, 14 Fla. L. Weekly 2617, 1989 Fla. App. LEXIS 6285, 1989 WL 135396

District Court of Appeal of Florida·Decided November 8, 1989·No. No. 89-00381·Published·Cited by 1 cases

Opinion

LEHAN, Judge.

In this personal injury suit for damages allegedly suffered by plaintiff upon falling after slipping on a “sticky spot” on the approach to a lane at defendant’s bowling establishment, we reverse the directed verdict entered in favor of defendant.

We cannot conclude that there was no evidence on the basis of which the jury could have found in favor of plaintiff. See Smith v. Brantley, 455 So.2d 1063 (Fla. 2d DCA 1984), rev. denied, 462 So.2d 1107 (1985). More specifically, we cannot conclude that there was no evidence on the basis of which the jury could have found, from the apparently dried condition of the sticky substance, that defendant had had sufficient constructive notice that a dangerous condition of the kind which allegedly caused the fall had existed. See Winn Dixie Stores, Inc. v. Williams, 264 So.2d 862 (Fla. 3d DCA 1972).

Reversed and remanded for proceedings consistent herewith.

DANAHY, A.C.J., and FRANK, J., concur.

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LEHAN, Judge.

In this personal injury suit for damages allegedly suffered by plaintiff upon falling after slipping on a “sticky spot” on the approach to a lane at defendant’s bowling establishment, we reverse the directed verdict entered in favor of defendant.

We cannot conclude that there was no evidence on the basis of which the jury could have found in favor of plaintiff. See Smith v. Brantley, 455 So.2d 1063 (Fla. 2d DCA 1984), rev. denied, 462 So.2d 1107 (1985). More specifically, we cannot conclude that there was no evidence on the basis of which the jury could have found, from the apparently dried condition of the sticky substance, that defendant had had sufficient constructive notice that a dangerous condition of the kind which allegedly caused the fall had existed. See Winn Dixie Stores, Inc. v. Williams, 264 So.2d 862 (Fla. 3d DCA 1972).

Reversed and remanded for proceedings consistent herewith.

DANAHY, A.C.J., and FRANK, J., concur.

Hodges v. Walsh, 553 So. 2d 221, 14 Fla. L. Weekly 2617, 1989 Fla. App. LEXIS 6285, 1989 WL 135396 (Fla. Ct. App. 1989).

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Opinion

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