Torres v. Garcia

COPE, Judge.

Defendant-appellant Orlando Torres appeals a final judgment in a trip-and-fall case. We conclude that defendant’s motion for directed verdict should have been granted, and reverse the final judgment.

Landlord Torres rented a residence to tenant Roberto Fernandez. Prior to turning over the premises, the landlord laid wall-to-wall carpet in the bedrooms and white ceramic tile in the hallway immediately outside the bedrooms. When this work was completed, the tile and the carpet were substantially level.

During the three and one-half to four years that the tenant resided in the…