Schulte v. Gold, 77-936
| Decision Date | 06 June 1978 |
| Docket Number | No. 77-936,77-936 |
| Parties | Robert E. SCHULTE and Annie H. Schulte d/b/a Mantell Plaza Hotel, Appellants, v. Helen GOLD and Herman Gold, her husband, Appellees. |
| Court | Florida District Court of Appeals |
Blackwell, Walker, Gray, Powers, Flick & Hoehl and Bradford Swing, Miami, for appellants.
Goldstein & Goldstein and Caron Balkany, Miami, for appellees.
Before HAVERFIELD, C. J., PEARSON, J., and CRAWFORD, GRADY L. (Ret.), Associate Judge.
Defendant-appellants seek reversal of a final money judgment for plaintiffs in this action to recover damages for injuries sustained in a slip and fall.
Plaintiffs Helen and Herman Gold were seasonal guests at the Mantell Plaza Hotel owned and operated by the defendants, Robert and Anne Schulte. While ascending the outside steps late one evening, Mrs. Gold tripped on the top stair, fell and broke her hip. At the time and place of the accident the only illumination was from the public streetlights and the lights in the hotel lobby as the hotel lights which fully illuminated the subject area had been turned off for the remainder of the night. The Golds filed the instant complaint for damages and alleged that Mr. and Mrs. Schulte were negligent in failing to provide sufficient lighting for the outside steps. The cause proceeded to be tried by jury and at the end of the presentation of their case, the Golds over objection of the Schultes were permitted to introduce into evidence Section 509.221(2), Florida Statutes (1975).
After all the evidence had been presented, the trial judge instructed the jury that violation of Section 509.221(2), Florida Statutes (1975) is negligence and if the jurors find that a person alleged to have been negligent violated this statute, such person was negligent. The Schultes objected to this instruction at the charge conference. The jury returned verdicts in favor of Helen and Herman Gold for a total of $100,000 also finding Mrs. Gold to be 15% Negligent. Judgment was entered accordingly. The Schultes filed a motion for a directed verdict or in the alternative for a new trial or remittitur. The motion was denied and this appeal ensued.
Although the Schultes raise...
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