Friedman v. Biscayne Restaurant, Inc.
| Decision Date | 16 November 1971 |
| Docket Number | No. 71--253,71--253 |
| Citation | 254 So.2d 831 |
| Parties | Esther S. FRIEDMAN and Reuben Friedman, husband and wife, Appellants, v. BISCAYNE RESTAURANT, INC., a Florida corporation, d/b/a Juniors' Restaurant, and or Juniors' Inc., a Florida corporation, d/b/a Juniors' Restaurant, Appellees. |
| Court | Florida District Court of Appeals |
Frates, Floyd, Pearson & Stewart, James D. Little and Jon I. Gordon, Miami, for appellants.
Bradford, Williams, McKay, Kimbrell, Hamann & Jennings, and L. Kenneth Barnett, Miami, for appellees.
Before SWANN, C.J., and CHARLES CARROLL and HENDRY, JJ.
Plaintiffs appeal a final judgment entered pursuant to a directed verdict in favor of the defendants.
The plaintiff wife sustained personal injuries when she slipped and fell in the defendant's restaurant on a slippery foreign substance on the floor as she was being led by the hostess to a table where the plaintiffs were to have dinner. The complaint charged that defendants were negligent in that they negligently and carelessly maintained the floor area of the restaurant by placing on, or allowing a foreign substance to gather on, the floor, making it dangerous and unsafe for patrons to walk to their tables. It was further charged that the dangerous condition was known, or should have been known, to the defendant and that the defendant was negligent in failing to warn plaintiff wife of the dangerous condition.
Defendants denied the allegations of negligence and affirmatively charged that plaintiff's injuries were caused by her own negligence.
The cause was set for jury trial. However, prior to the commencement of the plaintiff's case, counsel for plaintiffs and defendants conferred with the trial judge and plaintiff's counsel represented to the court that the testimony at trial would be the same as that contained in the depositions. It was thereupon stipulated by counsel that the court entertain and decide a motion for directed verdict by the defendants on the basis of the testimony in the depositions. The court granted the motion for directed verdict on the ground that there was no evidence or reasonable inference therefrom to support plaintiffs cause of action, and the jury could not lawfully return a verdict for the plaintiffs.
We have carefully considered the record, briefs and arguments of counsel and have concluded that the trial judge was correct in granting the motion for directed verdict in favor of the...
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Publix Super Markets, Inc. v. Schmidt
...212 (Fla. 3d DCA 1979); McDaniel v. Great Atlantic & Pacific Tea Company, 327 So.2d 893 (Fla. 3d DCA 1976); Friedman v. Biscayne Restaurant, 254 So.2d 831 (Fla. 3d DCA 1971). The plaintiff acknowledges that there was no proof of either actual or constructive notice. It was the plaintiff's b......
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194th St. Hotel Corp. v. Hopf
...that it had actual or constructive notice of the existence of the moisture on the floor. See, e. g., Friedman v. Biscayne Restaurant, Inc., 254 So.2d 831 (Fla. 3d DCA 1971). The correctness of this position is essentially irrelevant because the record shows both that the surface upon which ......
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Marlowe v. Food Fair Stores of Florida, Inc.
...judgment should be affirmed on such authority as Food Fair Stores, Inc. v. Trusell, Fla.1961, 131 So.2d 730; Friedman v. Biscayne Restaurant, Inc., Fla.App. 1971, 254 So.2d 831; Bates v. Winn-Dixie Supermarkets, Inc., Fla.App. 1966, 182 So.2d 309; Winn-Dixie Stores, Inc. v. Manning, Fla.App......
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Siegel v. Deerwood Place Corp., 96-3027
...denied, 659 So.2d 271 (Fla.1995); Winn Dixie Stores, Inc. v. Gaines, 542 So.2d 432 (Fla. 4th DCA 1989); Friedman v. Biscayne Restaurant, Inc., 254 So.2d 831 (Fla. 3d DCA 1971). Accordingly, we find that the trial court properly entered final summary judgment in favor of the The plaintiffs' ......