Tower v. Jefferson Stores, Inc.

District Court of Appeal of Florida

Tower v. Jefferson Stores, Inc.

383 So. 2d 689, 1980 Fla. App. LEXIS 16003

CourtDistrict Court of Appeal of Florida

DecidedApril 23, 1980

DocketNo. 78-518

StatusPublished

Cited by1 cases

This text of 383 So. 2d 689 (Tower v. Jefferson Stores, 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.

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Tower v. Jefferson Stores, Inc., 383 So. 2d 689, 1980 Fla. App. LEXIS 16003 (Fla. Ct. App. 1980).

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PER CURIAM.

This is an appeal from a judgment entered upon a directed verdict in a negligence action brought against the appellee by the appellants. There was uncontradict-ed evidence presented at trial that Loretta Tower was injured when a two way, manually operated door at the entrance to appel-lee’s retail store malfunctioned and struck Mrs. Tower. Prior to the accident store employees had noticed that all of the store doors, manual and automatic, had been blowing back into the store by the wind. Immediately after the accident it was determined that the door which struck Mrs. Tower continued to malfunction. On these facts the jury could have found that the appellee had breached its duty to provide Mrs. Tower with a safe means of exit from the store. Shields v. Food Fair Stores of Florida, 106 So.2d 90 (Fla.3d DCA 1958); Gaffron v. Prudential Life Insurance Co., 238 Mo.App. 749, 187 S.W.2d 41 (1945).

Accordingly, the judgment of the trial court is reversed with directions for further proceedings consistent herewith.

DOWNEY, C. J., and ANSTEAD, J., concur. MOORE, J., dissents with opinion.

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PER CURIAM.

This is an appeal from a judgment entered upon a directed verdict in a negligence action brought against the appellee by the appellants. There was uncontradict-ed evidence presented at trial that Loretta Tower was injured when a two way, manually operated door at the entrance to appel-lee’s retail store malfunctioned and struck Mrs. Tower. Prior to the accident store employees had noticed that all of the store doors, manual and automatic, had been blowing back into the store by the wind. Immediately after the accident it was determined that the door which struck Mrs. Tower continued to malfunction. On these facts the jury could have found that the appellee had breached its duty to provide Mrs. Tower with a safe means of exit from the store. Shields v. Food Fair Stores of Florida, 106 So.2d 90 (Fla.3d DCA 1958); Gaffron v. Prudential Life Insurance Co., 238 Mo.App. 749, 187 S.W.2d 41 (1945).

Accordingly, the judgment of the trial court is reversed with directions for further proceedings consistent herewith.

DOWNEY, C. J., and ANSTEAD, J., concur. MOORE, J., dissents with opinion.

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383 So. 2d 689, 1980 Fla. App. LEXIS 16003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tower-v-jefferson-stores-inc-fladistctapp-1980.

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