Jahn v. Tierra Verde City, Inc.

Decision Date12 August 1964
Docket NumberNo. 4632,4632
Citation166 So.2d 768
PartiesRosa A. JAHN, Appellant, v. TIERRA VERDE CITY, INC., Appellee.
CourtFlorida District Court of Appeals

Robert L. Williams of Earle & Williams, St. Petersburg, for appellee.

PER CURIAM.

This is a slip and fall case in which plaintiff tripped over a step leading into a sunken living room as she was inspecting a model home owned by the defendant. Plaintiff asserts that she did not see the step and did not notice persons in front of her stepping down as she followed them into the sunken living room. The room was sufficiently lighted. Summary judgment was granted for the defendant and plaintiff appealed.

The fact situation was not unusual. It is a matter of common knowledge that the design of a sunken living room necessitates different levels. The case concerns a visible structural design involving no distraction or impeding objects attributable to the defendant, and the circumstances were not such as to place the defendant under a duty to warn. See Bowles v. Elks Pontiac Co., Fla.1953, 63 So.2d 769.

Affirmed.

ALLEN, Acting C. J., WHITE, J., and WILLIAMS, O. EDGAR, Jr., Associate Judge, concur.

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11 cases
  • Dvorak v. Holiday Inns of America, Inc.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • June 10, 1970
    ...Chambers v. Southern Wholesale, 92 So.2d 188 (Fla.1956); Dewar v. City of Miami, 93 So.2d 58 (Fla.1957); Jahn v. Tierra Verde City, Inc., 166 So.2d 768 (Fla.App. 1964); Grall v. Risden, 167 So.2d 610 (Fla.App.1964); McKean v. Kloeppel Hotels, Inc., 171 So.2d 552 (Fla.App. 1965). 3 Garring v......
  • Milby v. Pace Pontiac, Inc., 4951
    • United States
    • Florida District Court of Appeals
    • June 11, 1965
    ...that multiple floor levels are relatively common in public buildings and should be anticipated by prudent persons. Jahn v. Tierra Verde City, Inc., Fla.App.1964, 166 So.2d 768 (sunken living room); Matson v. Tip Top Grocery Co., Inc., supra (raised lunch counter). In Matson the Supreme Cour......
  • Schoen v. Gilbert, 80-163
    • United States
    • Florida District Court of Appeals
    • April 21, 1981
    ...Pontiac Co., 63 So.2d 769 (Fla.1953); General Development Corp. v. Doles, 309 So.2d 596 (Fla. 2d DCA 1975); Jahn v. Tierra Verde City, Inc., 166 So.2d 768 (Fla. 2d DCA 1964); Meyer v. Pitzele, 122 So.2d 228 (Fla. 3d DCA 1960); and (b) the fact that the foyer and living room herein were shro......
  • McKean v. Kloeppel Hotels, Inc.
    • United States
    • Florida District Court of Appeals
    • February 9, 1965
    ...at all times to exercise reasonable care for his own safety. Grall v. Risden, 167 So.2d 610 (Fla.App.2d 1964); Jahn v. Tierra Verde City, Inc., 166 So .2d 768 (Fla.App.2d 1964); Dewar v. City of Miami, 93 so.2d 58 (Fla.1957); Chambers v. Southern Wholesale, 92 So.2d 188 (Fla.1956); Becksted......
  • Request a trial to view additional results

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