Miami Shores Village, Inc. v. Mallicote

District Court of Appeal of Florida

Miami Shores Village, Inc. v. Mallicote

421 So. 2d 662, 1982 Fla. App. LEXIS 21572

CourtDistrict Court of Appeal of Florida

DecidedNovember 2, 1982

DocketNo. 81-1976

StatusPublished

This text of 421 So. 2d 662 (Miami Shores Village, Inc. v. Mallicote) 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.

Bluebook

Miami Shores Village, Inc. v. Mallicote, 421 So. 2d 662, 1982 Fla. App. LEXIS 21572 (Fla. Ct. App. 1982).

Pincite

Opinion

PER CURIAM.

We conclude that the jury verdict against it is supported by competent evidence that the defendant municipality negligently supplied inadequate equipment for the plaintiff’s judo class and that the defective condition was a legal cause of his injuries. See Schmidt v. Bowl America Florida, Inc., 358 So.2d 1385 (Fla. 4th DCA 1978); Metropolitan Dade County v. Yelvington, 392 So.2d 911 (Fla. 3d DCA 1980). Since neither the defendant’s attack on the instructions actually given, Colonial Stores, Inc. v. Scarbrough, 355 So.2d 1181 (Fla.1978); Variety Children’s Hospital, Inc. v. Perkins, 382 So.2d 331 (Fla. 3d DCA 1980), nor its claim that the issue of assumption of the risk should have been submitted to the jury, Tidwell v. Toca, 362 So.2d 85 (Fla. 3d DCA 1978), cert. denied, 368 So.2d 1375 (1979); Fla.R.Civ.P. 1.470(b), was properly preserved below, the judgment under review is

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We conclude that the jury verdict against it is supported by competent evidence that the defendant municipality negligently supplied inadequate equipment for the plaintiff’s judo class and that the defective condition was a legal cause of his injuries. See Schmidt v. Bowl America Florida, Inc., 358 So.2d 1385 (Fla. 4th DCA 1978); Metropolitan Dade County v. Yelvington, 392 So.2d 911 (Fla. 3d DCA 1980). Since neither the defendant’s attack on the instructions actually given, Colonial Stores, Inc. v. Scarbrough, 355 So.2d 1181 (Fla.1978); Variety Children’s Hospital, Inc. v. Perkins, 382 So.2d 331 (Fla. 3d DCA 1980), nor its claim that the issue of assumption of the risk should have been submitted to the jury, Tidwell v. Toca, 362 So.2d 85 (Fla. 3d DCA 1978), cert. denied, 368 So.2d 1375 (1979); Fla.R.Civ.P. 1.470(b), was properly preserved below, the judgment under review is

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

421 So. 2d 662, 1982 Fla. App. LEXIS 21572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miami-shores-village-inc-v-mallicote-fladistctapp-1982.

Opinion

Related

Cite This Page — Counsel Stack