Westerbeke v. Reynolds

• Decision Date: 13 October 1944
• Parties: WESTERBEKE v. REYNOLDS.
• Court: Florida Supreme Court

19 So.2d 413

155 Fla. 2

WESTERBEKE v. REYNOLDS.

Florida Supreme Court

October 13, 1944

Appeal from Circuit Court, Orange County; M. B. Smith Judge.

G. P Garrett and H. N. Roth, both of Orlando, for appellant.

Giles & Gurney, of Orlando, for appellee.

BUFORD, Chief Justice.

Appellant here was plaintiff in the court below and in her amended declaration alleged,

'(a) On to-wit, April 3, A.D.1940, the plaintiff sustained physical injuries by and through the negligence of the defendant, as follows:

'On said date while it was still daylight, plaintiff, at the invitation of defendant's housekeeper, and by permission of defendant W. N. Reynolds, visited the said housekeeper in her apartment on the second floor of the defendant's garage, located on defendant's home place in Orlando, Florida. Plaintiff reached said apartment by climbing an outside stairway which was the only means of access to said apartment. Plaintiff's mission was pursuant to a phone call asking her to come to exhibit samples of clothing to said housekeeper in order to induce her to place an order for purchase of clothing with plaintiff who was then a saleswoman for two clothing concerns located outside the State of Florida, namely, Bucklet Brothers, New York City, and Maisonette, Anderson, Indiana. After concluding said business visit the plaintiff then and there descended said outside stairway to reach the ground. At the time plaintiff descended said stairs at the conclusion of her said visit, said stairs were in complete darkness and plaintiff had to feel her way down said stairs. The final step from said stairs was on to a cement bottom platform, which was about three steps wide and then dropped to the cement driveway, dropping a distance of about the same height as the rises of the other stairs in said stairway. Plaintiff had not noticed this when climbing said stairs and had not been warned of this condition. Defendant had wholly failed to illuminate said stairs and plaintiff did not then and there know that there was then and there any light installation for illuminating said stairs which were then and there in total darkness. In descending said stairs plaintiff stepped off the last step downwards on to the cement bottom platform and walked across said platform assuming same to be at ground level and at the end of said platform stepped into space off onto the cement driveway, thereby fracturing the fibula of her left leg in two places and the tibia in one place, and sustained and suffered great pain, shock, bruises, contusions and other physical injuries, of a temporary and permanent nature to her said left leg.'

Demurrer to this declaration was sustained; plaintiff suffered judgment and appealed.

It will be observed that the...