Opinion
No. 61-136.
November 9, 1961.
Appeal from the Circuit Court for Dade County, Irving Cypen, J.
Gertler Frank, Miami Beach, for appellants.
Lane, Primm, Lane Carrier, Miami, for appellee.
Before PEARSON, TILLMAN, C.J., and CARROLL and BARKDULL, JJ.
This is an appeal from a summary final judgment for the defendant in an action brought by a tenant against her landlord for an injury sustained when the tenant tripped and fell. It appeared without issue that the plaintiff-wife proceeded in her stocking feet into a dark hallway in order to turn on the hallway light for a neighbor, and that she tripped over a carpet runner which overlapped another. The defect had existed during all of the one and one-half years that plaintiff had lived in the apartment building. Upon these undisputed facts the trial judge found that the plaintiff-wife was guilty of contributory negligence as a matter of law. E.g., Brant v. Van Zandt, Fla. 1955, 77 So.2d 858; Norman v. Shulman, 150 Fla. 142, 7 So.2d 98.
Affirmed.