DAVIS v. OTIS ELEVATOR CO.

No. 86-1995.

515 So.2d 277 (1987)

Leo DAVIS, Appellant/Cross-Appellee, v. OTIS ELEVATOR COMPANY, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 16, 1987.


Attorney(s) appearing for the Case

Terrill J. LaRue of LaRue, Bernardini, Seitz & Berg, Daytona Beach, for appellant/cross-appellee.

Francis J. Carroll, Jr. of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Daytona Beach, for appellee/cross-appellant.


ORFINGER, Judge.

The issue on appeal is whether the trial court committed reversible error in refusing to instruct the jury that a violation of section 399.02(6)(b) constituted negligence per se. We conclude that it did, and reverse the final judgment for defendant.

Davis, an employee of Halifax Hospital Medical Center (Halifax), was injured in the course of his employment when the hospital's elevator suddenly dropped 15 inches as he was exiting it. Davis...

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