Carey v. Enterprise Plumbing Corp.

Full title: JOHN CAREY, APPELLANT, v. ENTERPRISE PLUMBING CORPORATION, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 12, 1990

571 So. 2d 80 (Fla. Dist. Ct. App. 1990)

Opinion

Nos. 89-2623, 90-0266.

December 12, 1990.

Appeal from the Circuit Court, Palm Beach County, Edward A. Garrison, J.

Thomas E. Kingcade of Thomas E. Kingcade, P.A., West Palm Beach, for appellant.

John J. Bulfin of Wiederhold, Moses Bulfin, P.A., West Palm Beach, for appellee.

PER CURIAM.

We reverse a judgment, entered on a directed verdict in favor of the defendant plumbing subcontractor, in a personal injury action, and remand for a new trial. Upon a review of the record, we conclude that there was sufficient evidence upon which a jury could decide that the defendant was negligent in covering a floor hole in an unsafe manner with a piece of scrap wood easily removed. E.g., Crislip v. Holland, 401 So.2d 1115 (Fla. 4th DCA), rev. denied, 411 So.2d 380 (1981).

ANSTEAD, STONE and WARNER, JJ., concur.