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Chisolm v. R R Auto Parts, Inc.

District Court of Appeal of Florida, First District
Nov 24, 1982
422 So. 2d 1010 (Fla. Dist. Ct. App. 1982)

Opinion

No. AJ-173.

November 24, 1982.

Appeal from the Circuit Court, Duval County, John S. Cox, J.

William Nussbaum of Goldman, Presser Nussbaum, Jacksonville, for appellants.

Jack W. Shaw, Jr., of Mathews, Osborne, McNatt, Gobelman Cobb, Jacksonville, for appellees.


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.


Summaries of

Chisolm v. R R Auto Parts, Inc.

District Court of Appeal of Florida, First District
Nov 24, 1982
422 So. 2d 1010 (Fla. Dist. Ct. App. 1982)
Case details for

Chisolm v. R R Auto Parts, Inc.

Case Details

Full title:DEBBIE A. CHISOLM AND JERRY K. CHISOLM, APPELLANTS, v. R R AUTO PARTS…

Court:District Court of Appeal of Florida, First District

Date published: Nov 24, 1982

Citations

422 So. 2d 1010 (Fla. Dist. Ct. App. 1982)