Toftoy v. Ocean Shores Properties, Inc.

Shorett, J. †

On December 28, 1963, the plaintiff-respondent sustained a broken leg while dancing on a dance floor operated by appellant corporation, Ocean Shores Properties. The cause of the injury was alleged to have been a defective and unsafe dance floor, the condition of which was known by appellant for a considerable period of time and not remedied. According to several witnesses, the floor which was of portable construction, had a tendency to pull apart leaving a crack between sections. Its condition had previously caused one serious accident, and several people had caught their heels…