Florida Department of Transportation v. Raiche

PARKER, Judge.

The state of Florida Department of Transportation (DOT) and General Telephone Company of Florida (GTE) appeal from a jury verdict and judgment in favor of appellee, Nancy Raiche. DOT and GTE both maintain the trial court should have directed a verdict in their favor.1 We agree and reverse.

Raiche was walking on a public sidewalk adjacent to a building owned by GTE during daylight hours when she stepped on a metal grate which covered a shallow drainage trench. Raiche testified that when she stepped on the drain cover, it flew up and struck the top of her foot causing her foot and…