RHONDA ENGLISH, APPELLANT,
v.
THE FLORIDA STATE BOARD OF REGENTS, APPELLEE

Fla. 2d DCA | 1981-07-08
No. 80-1337
HOBSON, A. C. J., and DANAHY, J., concur.
403 So. 2d 439 Florida District Court of Appeal, Second District (1981) Positive Treatment
Cited by 4 cases

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Synopsis

A student sued the University of South Florida's Board of Regents for negligence after slipping on wet slate stairs. The trial court directed a verdict for the defendant, finding no duty to warn. The appellate court reversed, holding that whether a duty to warn existed was a jury question, not a matter for the court to decide.


Holding

The trial court erred in directing a verdict by deciding there was no duty to warn. Determining what precautions are reasonably required in the exercise of a duty is a jury function, not a court function. Whether negligence exists in a particular case is generally a question for the jury.


Headnotes

[1] A jury question is presented on the issue of liability when a plaintiff presents sufficient evidence of negligence.

[2] The determination of what precautions are reasonably required in the exercise of a particular duty is a jury function.

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Key Quotes

“We hold that the trial judge invaded the province of the jury in deciding that there was no duty to warn appellant below.”

Establishes that the trial court erred by deciding a duty question as a matter of law rather than submitting it to the jury.

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Facts & Procedural History

The stairway at the University of South Florida was constructed of slate in 1961, which is smoother and more slippery when wet than concrete. The stai…

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Opinion of the Court
RYDER, Judge.

RYDER, Judge.

Rhonda English appeals from a directed verdict adverse to her claim for personal injuries arguing that she presented sufficient evidence to create a jury question on the issue of liability. We agree and reverse.

Appellant brought suit against the Board of Regents alleging that the Board was negligent in its failure to maintain stairs in a reasonably safe manner and its failure to warn her of an unreasonably slippery surface of the stairs resulting in her slip and fall.

The evidence showed that the referenced stairway at the University of South Florida was constructed in August 1961. The stairs were made of slate which is smoother and, when wet, more slippery than concrete. Although in good structural condition, in good repair and equipped with handrails, the stairs were the only slate stairs on campus which were uncovered and exposed to the elements. The stairs had a slight pitch and water accumulated on them when it rained.

A short time prior to the fall, the University had applied an etching liquid to the slate steps as an experiment to roughen up the surface. Other methods to reduce slipperiness had been used in other places, but the University considered these methods expensive and unnecessary on the slate stairs. Although warning signs had been put on other areas of the campus, the University’s director of safety testified that no sign warning of the slippery condition was posted at the questioned stairway because he felt it was unnecessary.

Appellant began classes in the building in the spring of 1977 and had used the stairs only a few weeks before her fall. She could not remember traversing the stairs prior to her fall when they were wet. At the time of her fall, she was stepping slowly upon the stairs but not utilizing an available handrail. Another student, David Marrow, testified that the slate stairs were slippery when wet and that he had to be more cautious in using them than he did in using any other stairs on campus.

The trial court reserved ruling on appel-lee’s motion for directed verdict until after the jury returned, then granted the motion. We hold that the trial judge invaded the province of the jury in deciding that there was no duty to warn appellant below. It is peculiarly a jury function to determine what precautions are reasonably required in the exercise of a particular duty. Ten Associates v. McCutchen, 398 So. 2d 860 (Fla.3d DCA 1981). What is and what is not negligence in a particular case is generally a question for the jury and not for the court. Acme Electric, Inc. v. Travis, 218 So. 2d 788 (Fla. 1st DCA 1969).

The judgment below is REVERSED and the case REMANDED for reinstatement of the jury verdict with interest from the date entered.

HOBSON, A. C. J., and DANAHY, J., concur.


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Citator

Cited By

  • …to sovereign immunity. Perez v. Department of Transportation, 435 So. 2d 830 (Fla.1983); Ralph v. City of Daytona Beach, supra; City of St. Petersburg v. Collom, 419 So. 2d 1082 (Fla.1982); see [*417] also English v. Florida State Board of Regents, 403 So. 2d 439 (Fla. 2d DCA 1981). Under the circumstances, we find that appellant is entitled to an opportunity to file an amended complaint on this ground. Perez v. Department of Transportation, supra; Emig v. State Department of Health and Rehabilitative Servic…
  • Grissett v. Circle K Corp. OF Tex., 593 So. 2d 291 (Fla. 2d DCA 1992)
    …unsafe condition and whether reasonable care was taken under the circumstances. “It is peculiarly a jury function to determine what precautions are reasonably required in the exercise of a particular duty.” English v. Florida State Board of Regents, 403 So. 2d 439 (Fla. 2d DCA 1981) (citation omitted). Different inferences can reasonably be drawn from the facts presented here. See Crandall. Under these circumstances, it [*294] was error for the trial court to enter summary judgment in favor of appellees. Acc…

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