Grall v. Risden, 4539
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | ANDREWS; SHANNON |
| Citation | 167 So.2d 610 |
| Parties | Bernard F. GRALL, Appellant, v. Joseph RISDEN, Jr., d/b/a Risden's Restaurant, Appellee. |
| Docket Number | No. 4539,4539 |
| Decision Date | 30 September 1964 |
Page 610
v.
Joseph RISDEN, Jr., d/b/a Risden's Restaurant, Appellee.
Rehearing Denied Oct. 30, 1964.
Page 611
Farish & Farish, West Palm Beach, for appellant.
Jones, Adams, Paine & Foster, West Palm Beach, for appellee.
Page 612
ANDREWS, Judge.
Summary judgment was entered by the lower court against the plaintiff, and this appeal is from that judgment.
The defendant's restaurant, the place where the injuries complained of were sustained, fronts on Royal Poinciana Way, a major highway in Palm Beach, Florida. At the entrance to the restaurant there is a canvas canopy that extends from the front of defendant's establishment across the sidewalk to the curb. The canopy is supported by two vertical pipes which extend from inside the canopy down to the sidewalk. Diagonal rods, referred to as 'tie-rods,' run from about the middle of the vertical pipe down to the sidewalk at a 45~ angle. Two flower pots, containing plants approximately five feet high, were placed by these pipes, their exact position being the dispute. The plaintiff stated in his deposition that the diagonal 'tie rod' extended beyond the flower pot by 'eight or ten inches.'
The plaintiff's deposition discloses that he lunched at the defendant's restaurant on the average of once a week in the months preceding the accident. On the day in question he did not enter the restaurant by passing between the rods supporting the canopy. He parked his car across the street to the east, crossed the street and walked west along the sidewalk to the entrance. After dining with his employer and two associates, the plaintiff and his friends left the restaurant, and walked to the curb. The plaintiff, without his attention being diverted from the conversation, bid his friends farewell. After looking both ways for traffic, the plaintiff started across the street when he tripped over the 'tie-rod' and fell to the ground.
During the course of the plaintiff's deposition, he was shown four photographs marked defendant's deposition exhibits one to four, inclusive, for identification. These were photographs of the defendant's restaurant showing the rods and potted plants. The plaintiff testified that these photographs did not accurately represent the condition as it existed at the time of the accident. These photographs, which are attached to the record and bear the judge's initials, were 'duly considered (by the trial judge) in the light of the testimony relating thereto.' The judge filed a statement clarifying the record, and it recites that to his 'best recollection' the photographs were handed to him at the hearing while counsel for both sides were present, and that '[i]t was agreed in substance that the court might consider the photographs as limited by the testimony in the record regarding the photographs.'
The trial court, upon defendant's motion, granted a summary judgment is favor of the defendant. The plaintiff appealed and claims the trial court erred in granting...
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Kala Investments, Inc. v. Sklar, 86-3004
...or "hidden from the knowledge as well as from the sight and ... not [discoverable] by the exercise of reasonable care," Grall v. Risden, 167 So.2d 610, 613 (Fla. 2d DCA 1964). See also Simmons v. Owens, 363 So.2d 142 (Fla. 1st DCA 1978) (latent defect is one not discoverable by reasonable i......
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Cassel v. Price, XX-15
...risk." Gifford v. Galaxie of Homes of Tampa, Inc., 194 So.2d 25 (Fla. 2nd DCA 1967), cert. dis. 204 So.2d 1 (Fla. 1967); Grall v. Risden, 167 So.2d 610 (Fla. 2nd DCA 1964); Crutchfield v. Adams, supra. If no reasonable duty has been abrogated, no negligence can be found. Rice v. Florida Pow......
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Maas Bros., Inc. v. Bishop, 7446
...151 Fla. 247, 250, 9 So.2d 366, 368; Miami Coin-O-Wash, Inc. v. McGough, Fla.App.1967, 195 So.2d 227, 228; Grall v. Risden, Fla.App.1964, 167 So.2d 610, 612--613, cert. denied per curiam, Fla.1965, 174 So.2d 736. This duty includes warning them of latent defects known to him or discoverable......
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Bryant v. Lucky Stores, Inc., 89-01761
...knowledge as well as from the sight and must be one which could not be discovered by the exercise of reasonable care. Grall v. Risden, 167 So.2d 610, 613 (Fla. 2d DCA 1964); Aventura Mall Venture v. Olson, 561 So.2d 319 (Fla. 3d DCA While I concur with the Third District's opinion in Aventu......
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Cassel v. Price, No. XX-15
...risk." Gifford v. Galaxie of Homes of Tampa, Inc., 194 So.2d 25 (Fla. 2nd DCA 1967), cert. dis. 204 So.2d 1 (Fla. 1967); Grall v. Risden, 167 So.2d 610 (Fla. 2nd DCA 1964); Crutchfield v. Adams, supra. If no reasonable duty has been abrogated, no negligence can be found. Rice v. Florida Pow......
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Kala Investments, Inc. v. Sklar, No. 86-3004
...or "hidden from the knowledge as well as from the sight and ... not [discoverable] by the exercise of reasonable care," Grall v. Risden, 167 So.2d 610, 613 (Fla. 2d DCA 1964). See also Simmons v. Owens, 363 So.2d 142 (Fla. 1st DCA 1978) (latent defect is one not discoverable by reasonable i......
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Maas Bros., Inc. v. Bishop, No. 7446
...151 Fla. 247, 250, 9 So.2d 366, 368; Miami Coin-O-Wash, Inc. v. McGough, Fla.App.1967, 195 So.2d 227, 228; Grall v. Risden, Fla.App.1964, 167 So.2d 610, 612--613, cert. denied per curiam, Fla.1965, 174 So.2d 736. This duty includes warning them of latent defects known to him or discoverable......
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Dvorak v. Holiday Inns of America, Inc., No. 26864.
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