DEBBIE A. CHISOLM AND JERRY K. CHISOLM, APPELLANTS,
v.
R & R AUTO PARTS, INC. AND AMERICAN HARDWARE MUTUAL INS. CO., APPELLEES
DEBBIE A. CHISOLM AND JERRY K. CHISOLM, APPELLANTS,
R & R AUTO PARTS, INC. AND AMERICAN HARDWARE MUTUAL INS. CO., APPELLEES
422 So. 2d 1010
Florida District Court of Appeal, First District (1982)
Opinion of the Court
ROBERT P. SMITH, Jr., Chief Judge.
This summary judgment for defendant is AFFIRMED. Plaintiff’s step or misstep, upon exiting defendant’s store through the door she previously entered, is not shown by any evidence or inference to have been caused by some structural defect or irregularity of which defendant was reasonably required to give some special notice. Plaintiff conceivably was slightly and momentarily distracted as she left the store, but defendant had no duty, under the circumstances shown here, to anticipate and prevent that. Contrast Spence v. Pen Air Federal Credit Union, 421 So. 2d 20 (Fla. 1st DCA 1982).
AFFIRMED.
McCORD and MILLS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Spence v. PEN AIR Fed. Credit Union & Cumis Ins. Soc'y, Inc., 421 So. 2d 20 (Fla. 1st DCA 1982)