Powell v. Riverside Hospitality Inc.

District Court of Appeal of Florida

Powell v. Riverside Hospitality Inc.

702 So. 2d 308, 1997 Fla. App. LEXIS 14115, 1997 WL 778828

CourtDistrict Court of Appeal of Florida

DecidedDecember 19, 1997

DocketNo. 97-193

StatusPublished

This text of 702 So. 2d 308 (Powell v. Riverside Hospitality Inc.) 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

Powell v. Riverside Hospitality Inc., 702 So. 2d 308, 1997 Fla. App. LEXIS 14115, 1997 WL 778828 (Fla. Ct. App. 1997).

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Opinion

COBB, Judge.

This is a premises liability case. Powell slipped and fell while descending a wet outdoor cement staircase. She sued the owners of the building on the theory that non-skid tape affixed to the surface of the steps had worn out. The trial court granted a defense motion for directed verdict, and Powell appeals.

Powell’s argument is predicated upon the assumption, for which she cites no authority, that the owners of outdoor staircases are obligated to weather-proof them to protect against slips and falls.

Powell failed at trial to establish the existence of a dangerous condition on the premises that caused the fall. She repeatedly stated that she did not know what happened. No evidence was adduced to show that the worn non-skid surface was unreasonably dangerous or that any condition on the stairs caused Powell to fall. See Winn-Dixie Stores, Inc. v. Marcotte, 553 So.2d 213 (Fla. 5th DCA 1989); McFadden v. Fiori, 488 So.2d 92 (Fla. 5th DCA), rev. denied, 494 So.2d 1150 (Fla.1986); Houssami v. Nofal, 578 So.2d 495 (Fla. 5th DCA 1991).

AFFIRMED.

W. SHARP and HARRIS, JJ., concur.

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COBB, Judge.

This is a premises liability case. Powell slipped and fell while descending a wet outdoor cement staircase. She sued the owners of the building on the theory that non-skid tape affixed to the surface of the steps had worn out. The trial court granted a defense motion for directed verdict, and Powell appeals.

Powell’s argument is predicated upon the assumption, for which she cites no authority, that the owners of outdoor staircases are obligated to weather-proof them to protect against slips and falls.

Powell failed at trial to establish the existence of a dangerous condition on the premises that caused the fall. She repeatedly stated that she did not know what happened. No evidence was adduced to show that the worn non-skid surface was unreasonably dangerous or that any condition on the stairs caused Powell to fall. See Winn-Dixie Stores, Inc. v. Marcotte, 553 So.2d 213 (Fla. 5th DCA 1989); McFadden v. Fiori, 488 So.2d 92 (Fla. 5th DCA), rev. denied, 494 So.2d 1150 (Fla.1986); Houssami v. Nofal, 578 So.2d 495 (Fla. 5th DCA 1991).

AFFIRMED.

W. SHARP and HARRIS, JJ., concur.

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702 So. 2d 308, 1997 Fla. App. LEXIS 14115, 1997 WL 778828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-riverside-hospitality-inc-fladistctapp-1997.

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