Phar-Mor of Florida, Inc. v. Steuernagel, PHAR-MOR
| Decision Date | 25 October 1989 |
| Docket Number | 88-03483,Nos. 88-03457,PHAR-MOR,s. 88-03457 |
| Parties | 14 Fla. L. Weekly 2521 OF FLORIDA, INC. and Searstown Partners, Ltd., Appellants, v. Linda STEUERNAGEL and Donald Steuernagel, Appellees. |
| Court | Florida District Court of Appeals |
David J. Tipton of Shea & Gould, Bradenton, for appellant Phar-Mor of Florida, Inc. Dennis P. Dore and John R. Mathias of Dennis P. Dore, P.A., Tampa, for appellant Searstown Partners, Ltd.
James R. Nieset of Decker & Nieset, St. Petersburg, for appellees.
This is a consolidated appeal in which appellants/defendants, Phar-Mor of Florida, Inc. (Phar-Mor) and Searstown Partners, Ltd. (Searstown), challenge the trial court order that granted appellees/plaintiffs, Linda Steuernagel and Donald Steuernagel (the Steuernagels), a new trial after the jury returned a verdict for appellants. Both appellants argue that the order granting the Steuernagels a new trial was an abuse of discretion by the trial judge. We agree with appellants and reverse on the basis of that issue. We do not reach the separate issue raised by Searstown that the trial court erred in failing to grant Searstown's motion for directed verdict.
The Steuernagels filed a negligence action against appellants, alleging that they had incurred damages as a result of Linda Steuernagel's alleged slip and fall on May 16, 1987, in a puddle of water in Phar-Mor's retail store located in the Searstown Shopping Center in Clearwater. Searstown is the owner of the premises leased to Phar-Mor and was, under the terms of the lease, responsible to Phar-Mor for any necessary roof repairs.
On May 16, 1987, the day of Mrs. Steuernagel's alleged slip and fall, no leaks existed when Phar-Mor opened that morning. During an all-day, heavy rainstorm, a leak developed in front of the pharmacy area, known as aisle thirteen. In response to the leak and in conformance with Phar-Mor store policy, Phar-Mor's store manager put several buckets and a bright yellow three-foot-high mop bucket under the leak next to a support column. The yellow mop bucket was about one-and-one-half feet in diameter and had two "Caution Wet Floor" signs on its sides. The store manager also constructed a barricade around the buckets to block off that area of the aisle from customers. The barricade consisted of three chairs turned so that customers could not sit in them, a five-foot-long mop handle extended from the yellow mop bucket to another bucket and two merchandise displays positioned to block customers from the area of the leak. The store manager testified that he instructed his employees to monitor the leak area and mop the floor if needed. He testified that the leak area was checked often during the day and that the buckets were emptied when necessary to keep them from overflowing. Before the manager left the store at 5:00 p.m., there were no customer problems or complaints with the leak. He observed no puddles of water on the floor during his work hours.
The pharmacist testified that he worked from 9:00 a.m. until 9:00 p.m., when the pharmacy closed. The remainder of the store closes at 10:00 p.m. The pharmacist testified he observed no problems involving a customer falling in aisle thirteen in front of the pharmacy.
The assistant manager worked from 1:00 p.m. until 11:00 p.m. on May 16, 1987. She testified that early in her shift she and the store manager walked the store and discussed the leak and the steps taken by the manager to keep the area dry and barricaded. The assistant manager testified she monitored the leak area frequently and observed no leaks except in the barricaded area. The assistant manager was notified by another employee during the evening of May 16, 1987, that a customer had reported a slip and fall. The assistant store manager testified that she followed the employee to aisle thirteen across from the pharmacy and discovered Mrs. Steuernagel standing in the area.
Mrs. Steuernagel testified she was sitting when the assistant manager approached her. No witnesses observed Mrs. Steuernagel fall. Mrs. Steuernagel testified that she and Mr. Steuernagel entered the store together and Mr. Steuernagel went to the back of the store to use the restroom. He testified that when he returned, he found Mrs. Steuernagel in a puddle of water on the floor and picked her up. Mrs. Steuernagel testified that she had proceeded to the pharmacy area of the store and was looking at a display of vitamins in front of the pharmacy. She testified that she slipped...
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