Lifemark Hospital of Florida v. Hurley

Lifemark Hospital of Florida, Inc., appeals from a final judgment entered on a jury verdict finding it 100% liable in a premises liability case. We affirm.

The hospital relies on the “step in the dark” rule of contributory negligence for the proposition that, as a matter of law, in this case the plaintiff was comparatively negligent. See, e.g., Delany v. Breeding’s Homestead Drug Co., 93 So.2d 116 (Fla.1957); Rubey v. William Morris, Inc., 66 So.2d 218 (Fla.1953). Considering that the plaintiff was familiar with her surroundings at the time of the injury, we hold that the “step in the dark”…