Belflower v. Risher

Decision Date22 January 1968
Docket NumberNo. 949,949
Citation206 So.2d 256
PartiesSarah M. BELFLOWER and Carl Belflower, Sr., her husband, Appellants, v. Leon RISHER and Geraldine M. Risher, his wife, Appellees.
CourtFlorida District Court of Appeals

Earle C. Moss, Jr., Jacksonville, for appellants.

Eugene L. Roberts, of Howell, Kirby, Montgomery, Sands & D'Aiuto, Rockledge, for appellees.

WALDEN, Chief Judge.

This negligence suit was terminated by a summary final judgment entered in favor of the defendants. Plaintiffs appeal. We reverse.

The single appellate issue is whether the record discloses an absence of any genuine issue of material fact so as to entitle defendants to summary judgment upon their motion as a matter of law. F.R.C.P. 1.510(c), 31 F.S.A. In the beginning we are mindful of the long established rule that the movant not only admits the basic facts established that are favorable to the adverse party, but also every conclusion or inference favorable to the adversary that might reasonably be inferred from the evidence.

While walking upon defendant's fishing dock one day, plaintiff, Sarah Belflower, stepped upon a rotten and decayed plank. It gave way causing her leg to plunge through the wooden decking. She suffered personal injuries as a result.

It is conceded by the parties for the purpose of this appeal that Mrs. Belflower occupied the status of a business invitee. The duty, therefore, owed by defendants was to maintain the premises in a reasonably safe condition and to warn of latent dangers of which the defendants might reasonably have known but which were not apparent to the invitee. 1

Mrs. Belflower, joined by her husband, alleged in the complaint that certain dock planking had rotted or decayed from the underside; that this was a dangerous condition which was known, or should have been known, to defendants; and that the condition was unknown to Mrs. Belflower. Affidavits of three witnesses, including Mrs. Belflower, related that, despite the strong and safe appearance of the dock, Mrs. Belflower's leg had plunged through a 'rotten or decayed plank.' In other words, plaintiffs maintain that the applicable duty was breached by the failure of the defendants to replace or to warn of the rotten plank in the dock.

To support their motion for summary judgment the defendants filed affidavits to the effect that the dock had been repaired and inspected some days prior to the event in question, and that no defect was found.

A summary proceeding is...

To continue reading

Request your trial
4 cases
  • Egan v. Washington General Ins. Corp.
    • United States
    • Florida District Court of Appeals
    • November 6, 1970
    ...trial court to decide the disputed issues of fact, but to grant a summary judgment only if no genuine dispute exists. Belflower v. Risher, Fla.App.1968, 206 So.2d 256; McCauley v. Eastern Steamship Lines, Inc., Fla.App.1968, 211 So.2d In this posture, defendant's contention both below and o......
  • Partelow v. Edgar, 1644
    • United States
    • Florida District Court of Appeals
    • February 27, 1969 warn of latent dangers of which she knew or might reasonably have known but which were not apparent to the invitee. Belflower v. Risher, Fla.App.1968, 206 So.2d 256. Had a breach of these duties been shown, defendant would be liable for any resulting injuries absent contributory negligen......
  • Belflower v. Risher, 69--28
    • United States
    • Florida District Court of Appeals
    • October 29, 1969
    ...favor of defendants which we reversed because the affidavits submitted by the opposing parties disclosed factual issues. Belflower v. Risher, Fla.App.1968, 206 So.2d 256. On the present appeal appellants contend that the sole point involved is whether the trial court erred in determining as......
  • McCauley v. Eastern S. S. Lines, Inc.
    • United States
    • Florida District Court of Appeals
    • June 4, 1968
    ...Reversed. WALDEN, C.J., and DOWNEY, JAMES C., Associate Judge, concur. 1 Holl v. Talcott, Fla.1966, 191 So.2d 40.2 Belflower v. Risner, Fla.App.1968, 206 So.2d 256. ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT