Northwest Florida Crippled Children's Ass'n v. Harigel, BF-90
| Decision Date | 13 December 1985 |
| Docket Number | No. BF-90,BF-90 |
| Citation | 10 Fla. L. Weekly 2746,479 So.2d 831 |
| Parties | 10 Fla. L. Weekly 2746 NORTHWEST FLORIDA CRIPPLED CHILDREN'S ASSOCIATION, Appellant, v. Ethel Lee HARIGEL and Vincent J. Harigel, Appellees. |
| Court | Florida District Court of Appeals |
Donald H. Partington of Clark, Partington, Hart, Hart & Johnson, Pensacola, for appellant.
Stephen Echsner and Louis K. Rosenbloum of Levin, Warfield, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, Pensacola, for appellees.
Northwest Florida Crippled Children's Association (Association) appeals from the trial court's denial of its motion for directed verdict. We affirm.
Ethel Harigel was shopping in a "bargain store" operated by the Association for the sale of used clothing and merchandise. Abutting the outside west wall of the building was a platform 6 inches high, extending along the wall approximately 12 feet and out from the wall approximately 9 feet. Mounted on the wall at a height of about 5 feet, 7 inches was a pipe on which the Association hung articles of clothing offered for sale. The south end of the pipe extended past the edge of the platform, which was painted yellow, by 3 1/2 or 4 feet.
Mrs. Harigel stepped up onto the platform and began browsing through the clothing hanging from the pipe, moving south along the platform as she did so, toward the 6 inch step-down. She stepped off of the platform and fell to the ground, striking a pipe and fracturing her arm and several ribs.
Mrs. Harigel sued the Association, alleging "negligent maintenance of the premises." The case proceeded to trial, at the conclusion of which the Association moved for directed verdict in its favor, arguing that, as a matter of law, uneven floor levels do not constitute a negligent failure to maintain premises in a safe condition. Mrs. Harigel argued in opposition that the question of whether a step-down constitutes a negligent condition is one for the jury.
The trial court reserved ruling on the motion. The case was given to the jury, which returned a verdict awarding Mrs. Harigel $100,000 and finding her 52.5% negligent. The association moved for judgment in accordance with the previous motion for directed verdict. The trial court denied the motion and final judgment was entered for Mrs. Harigel in the amount of $47,500.
It is not negligence per se to have in a store or other building one floor at a lower level by a few inches than another unless the character, location or surrounding conditions of the step-down are such that a prudent person would not anticipate it. Milby v. Pace Pontiac, Inc., 176 So.2d 554, 556 (Fla. 2d DCA 1965). Milby was cited with approval in Pensacola Restaurant Supply Co. v. Davison, 266 So.2d 682 (Fla. 1st DCA 1972), wherein the plaintiff tripped on a 2 1/2 inch platform in a store....
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...obvious danger doctrine applies or the condition is inherently dangerous as a matter of law. See Northwest Florida Crippled Children's Association v. Harigel, 479 So.2d 831 (Fla. 1st DCA 1985); Kupperman v. Levine, 462 So.2d 90 (Fla. 4th DCA 1985). Such considerations maintain the equilibri......
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