5D05-2723 Erickson v. J.J. IndustriesA

State: Florida

Court: Florida Southern District Court

Docket No: 5D05-2723.op

Case Date: 04/10/2006

Plaintiff: 5D05-2723 Erickson

Defendant: J.J. Industries

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006
SANDRA P. ERICKSON AND RAY E. ERICKSON,
Appellant,
v. CASE NO. 5D05-2723 J & J INDUSTRIES, INC.,
Appellee. ________________________________/ Opinion filed April 13, 2006. Appeal from the Circuit Court for Hernando County, Donald Scaglione, Acting Circuit Judge.
David La Croix, Brooksville, for Appellant. Angela C. Flowers of Kubicki Draper, Orlando, for Appellee.
PER CURIAM.
AFFIRMED. See Simpson v. Simpson, 232 So. 2d 249, 250 (Fla. 1st DCA 1970) (noting when the evidence shows that there was an invisible substance (within a pool of water) which caused a party to slip and fall, negligence (including comparative negligence) becomes a question for the jury); Stock v. Gross, 186 So. 2d 827, 829 (Fla. 4th DCA 1966) (noting where the condition created by the defendant constituted a hidden trap (within an obviously dangerous condition such as a wet walkway), the facts presented a classic case for a jury decision as to plaintiff

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