Krivanek v. Pasternack, 85-2537
| Decision Date | 02 July 1986 |
| Docket Number | No. 85-2537,85-2537 |
| Parties | 11 Fla. L. Weekly 1483 Robin KRIVANEK, Supervisor of Elections, Appellant, v. Zennith PASTERNACK and Annette Pasternack, his wife, Appellees. |
| Court | Florida District Court of Appeals |
Jack M. Larkin and Rich Schultz, Asst. Co. Attys., Tampa, for appellant.
Rudy G. La Russa and Paul Antinori of Antinori and Thury, P.A., Tampa, for appellees.
Appellant, Robin Krivanek, Supervisor of Elections of Hillsborough County, Florida, seeks review of the trial court's final judgment following a jury verdict finding appellant guilty of negligence.
Appellees filed a negligence action below against appellant and the City of Tampa alleging that appellant and the City of Tampa failed in a duty owed to appellees to: (1) maintain the premises of a voting precinct in a fire station of the City of Tampa in a reasonable and a safe condition; and (2) warn appellees of defects or deficiencies in the premises which caused appellee Annette Pasternack to fall. The City of Tampa was found not liable.
A special election was held by the City of Tampa on March 1, 1983. Chapter 79-573, Laws of Florida (1979) provides that the supervisor of elections of Hillsborough County shall be the elections officer of the City of Tampa and shall conduct, hold, and regulate all municipal elections of every kind.
That special act further provides that the elections officer shall use the registration records of Hillsborough County for all city elections, and that for the purpose of conducting elections, it shall be the duty of the elections officer to conduct training classes for inspectors, clerks and deputy sheriffs to instruct them in their duties and responsibilities as election officials.
Mrs. Pasternack went to vote at Precinct 4 in Fire Station # 17 on Davis Island at about 7:00 a.m. on the day of the election. Because it was a windy and rainy morning, the election supervisors directed the voters through a side door of the fire station instead of through the main fire station garage doors as was usually done. After entering the side door, Mrs. Pasternack was met and greeted by a deputy sheriff acting as an election official. The evidence is in dispute, but one version indicates the deputy preceded Mrs. Pasternack down a short hall and opened a door behind which was located a five-and-three-quarter-inch drop from the hall floor to the floor of the garage where the voting machines were located. Mrs. Pasternack testified she did not observe the drop in the floor level which caused her fall. She testified that as she approached the solid door that concealed the drop in floor level, the deputy sheriff opened the door for her and said "Good morning," to which she simultaneously replied causing her to look at him rather than at the floor level.
We find that there were...
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