Janke v. Corinthian Gardens, Inc.
| Decision Date | 07 October 1981 |
| Docket Number | No. 78-567,78-567 |
| Parties | Cyril C. JANKE and Aileen L. Janke, his wife, Appellants, v. CORINTHIAN GARDENS, INC., Reserve Insurance Company, and Corinthian DevelopmentCorporation, Appellees. |
| Court | Florida District Court of Appeals |
John M. Brumbaugh and Scott D. Sheftall of Floyd, Pearson, Stewart, Richman & Weil, P. A., Miami, for appellants.
Robert M. Klein of Stephens, Schwartz, Lynn & Chernay, P. A., Miami, for appellees, Corinthian Gardens, Inc. and Reserve Ins. Co.
Robyn Greene and Sharon L. Wolfe of Greene & Cooper, P. A., Miami and Corlett, Merritt, Killian & Sikes, P. A., Miami, for appellee, Corinthian Development.
William D. Ricker, Jr. of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellee, Poly Resins, Inc.
Alan B. Whitaker, Jr. of Carey, Dwyer, Cole, Selwood & Bernard, P. A., Fort Lauderdale, for appellee, Tremco.
This is a plaintiffs' appeal from adverse judgments in a suit for personal injuries. 1 On October 29, 1975, the plaintiff was a social guest of a condominium unit owner when he slipped and fell on the condominium garage roof parking deck which was wet. It was raining or misting at the time of the accident. Plaintiff sued the condominium association and the original developer for injuries allegedly sustained in the fall. Suit was also brought against the insurance company providing coverage for the condominium association. At the close of the evidence the trial court directed a verdict for the developer on the theory that the condominium association had taken over operation and management of the building and that the developer/defendant was no longer responsible for the alleged slippery condition of the parking deck. The case was submitted to the jury against the condominium association, and the jury returned a verdict in favor of this remaining defendant. The jury answered a special interrogatory finding that the association was not guilty of negligence. Plaintiff appeals raising numerous issues as to both defendants. We affirm.
The basic positions of the parties at trial were as follows. Appellant walked across the wet parking deck accompanied by his friend, a unit owner. He slipped and fell but got up and immediately proceeded to his car and drove away. There were no signs of injury until substantially later. Plaintiff asserted liability against the condominium association on the basis of Section 718.113(1), Florida Statutes (1977), which imposes upon condominium associations the duty to maintain the common elements. The evidence established that the association had assumed control of the building some nine months before the accident and was actively engaged in the duty of maintaining the common elements in general and the parking deck in particular. Parking was provided in a multi-story structure. The deck was covered by a waterproofing membrane which was defective in that it had been leaking and peeling for several years. This condition initially developed while the building was still under the control and operation of the developer. Approximately nine months before the accident, control and operation of the building had been turned over to the condominium association. The association through its directors officers and a special committee was concerned with the defects in the deck covering. Inspections of the deck were carried out independently by both the developer and the association at various times. It is conceded by both the developer and the association that they were involved in trying to remedy the conditions of peeling and leaking. Both defendants however strongly deny any knowledge of slipperiness. Further, there was abundant expert evidence that the deck was not, in fact, slippery. Plaintiff concedes he was not able to prove "actual knowledge of slipperiness." It was plaintiff's theory that the defendants were on inquiry notice and that more thorough and careful inspections of the parking deck would have disclosed the alleged slippery condition. As a defensive position, the association also contended it relied upon the developer to fix the defects. Plaintiff's liability theory was that the developer voluntarily assumed the duty to repair the deck even though it had no legal duty to do so. Plaintiff asserted that this voluntary assumption of a duty to repair entailed liability under the concepts of Restatement (Second) of Torts § 324A (1965). Judgments were entered for both defendants based upon the directed verdict for the developer and the jury verdict for the association.
We deal initially with the arguments regarding the condominium association. All parties agree that the association had the duty to maintain and repair the parking deck. Plaintiff raises four points as to the association: (1) curtailment of closing argument; (2) jury instructions regarding notice to agents of the association in individual rather than corporate capacity; (3) admission of test results and samples; and (4) various evidentiary rulings. We conclude that no prejudicial error has been demonstrated and...
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Rindfleisch v. Carnival Cruise Lines, Inc.
...(issue is one of the weight to be given the evidence rather than its relevance or materiality); see also Janke v. Corinthian Gardens, Inc., 405 So.2d 740 (Fla. 4th DCA 1981) (trial court did not abuse its discretion in concluding that test samples of deck covering which had been removed and......
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Johnson v. State, 59811
...52 Fla. 30, 42 So. 692 (1906), has been eroded as to other types of experimental evidence since that time. Janke v. Corinthian Gardens, Inc., 405 So.2d 740 (Fla. 4th DCA 1981), cert. denied, 413 So.2d 876 (Fla.1982); Vitt v. Ryder Truck Rentals, 340 So.2d 962 (Fla. 3d DCA 1976). We are conv......
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Schmeck v. Sea Oats Condominium Ass'n, Inc.
...was not primarily responsible for the water problems being experienced by the Schmecks and the Lippolds. See Janke v. Corinthian Gardens, Inc., 405 So.2d 740 (Fla. 4th DCA 1981). Further, the stipulation quoted above, by itself, is a sufficient basis upon which to conclude that the Schmecks......
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Appellate standards of review.
...Jent v. State, 408 So. 2d 1024 (Fla. 1982); Beerman v. Rollar, 710 So. 2d 93 (Fla. 4th DCA 1998); Janke v. Corinthian Gardens, Inc., 405 So. 2d 740 (Fla. 4th DCA 1981), cert. denied, 413 So. 2d 876 (Fla. Admissibility of Scientific or Expert Evidence. The same standard of review applies to ......