Coastal Towers Condominium Apartments Ass'n v. Trainor
District Court of Appeal of Florida
1Per curiam
We reverse and remand for a new trial solely on the issue of liability. We agree with appellant that the trial court erred in its instructions and comments to the jury concerning the issue of comparative negligence.
In particular we believe the trial court erred in telling the jury that the plaintiff-appellee, Vera F. Trainor, had no legal duty to report the unsafe condition of an elevator within which she subsequently fell, and in subsequently reading to the jury definitions of “moral obligation” and “legal cause” from a legal dictionary. The combined effect of the trial court’s actions was…
2Cases cited2 opinions
- HEMISPHERES CONDOMINIUM ASS'N, INC. v. CorbinDistrict Court of Appeal of Florida · 1978
- Manassa v. New Hampshire Insurance Co.District Court of Appeal of Florida · 1976
3Cited by1 opinion
- Griefer v. DiPietroDistrict Court of Appeal of Florida · 1993