CourtCases2010

Although the appeals referee found that rivero had a

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Unformatted text preview: efore SCHWARTZ, C.J., and NESBITT and GERSTEN, JJ. NESBITT, Judge. Appellant Elizabeth Perl claims several errors made by the trial court in her slip-and-fall action against K-Mart Stores necessitate reversal. We address only that argument we find meritorious wherein Perl claims error in the court's denial of her motion for a directed verdict on the issue of negligence. We agree and reverse and remand on that basis. [1] Perl was following a K-Mart employee to a section of the store in response to Perl's request for information on the price of an item. According to Perl, she was pushing a shopping cart several feet behind the clerk when she slipped on a hanger, fell, and sustained various injuries. 248 At trial, the manager of K-Mart, several other longtime store employees, several professional engineers, and a safety consultant all testified that K-Mart's white hangers on the store's white tile floor represented a known hazardous condition. Each employee testifying conceded that it was his obligation to discover and pick up these hangers to prevent injury. A K-Mart personnel safety handbook also advised employees that they were obligated to pick up debris in store aisles. Notwithstanding this acknowledged obligation, the uncontradicted evidence was that the employee had walked directly over the hanger. While K-Mart argued it was for the jury to determine how the accident had occurred, the court itself commented that based upon the evidence, if a jury concluded that Perl had not fallen over a hanger, such a conclusion would be purely "speculative." Notwithstanding this observation, the trial court sent the issue of K-Mart's negligence to the jury. This was error. All evidence confirmed that the employee traversed the floor directly in front of Perl, the clerk's path providing this employee with notice of the dangerous condition. It is undisputed that K-Mart is responsible for the negligent behavior of its employees. Jacobi v. Claude Nolan, Inc., 122 So.2d 783 (Fla. 1st DCA 1960); see also United States v. Haney Chev...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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