BURMEISTER v. AM. MOTORISTS INS. CO.

No. 79-1729.

403 So.2d 541 (1981)

Arvella BURMEISTER, et al., Appellants, v. AMERICAN MOTORISTS INSURANCE COMPANY, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

September 2, 1981.


Attorney(s) appearing for the Case

David M. Conlon, Okeechobee, for appellants.

A. Craig Cameron of Gosney, Cameron, Parsons & Marriott, P.A., Daytona Beach, for appellees.


HURLEY, Judge.

At issue is whether the trial court erred in directing a verdict in favor of the defendants in a slip and fall case. We conclude that the plaintiff adduced sufficient circumstantial evidence to permit the jury to resolve the question of the storekeeper's constructive knowledge of the dangerous condition and, consequently, we reverse.

On April 5, 1977, Mr. and Mrs. Burmeister went to shop at the Sears Roebuck store in Fort Pierce. They parked...

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