Hamilton v. Albertson's, Inc., 440 So. 2d 663 (Fla. 1st DCA 1983). · Go Syfert
Hamilton v. Albertson's, Inc., 440 So. 2d 663 (Fla. 1st DCA 1983). Cases Citing This Book View Copy Cite
No syfertize treatment data for this case.
Retrieving the full opinion text from the archive…
Alline HAMILTON and Julius E. Hamilton, husband and wife
v.
ALBERTSON'S, INC., a Delaware corporation
No. AR-113.
District Court of Appeal of Florida, First District.
Nov 18, 1983.
440 So. 2d 663
Robert J. Mayes and Charles J. Kahn, Jr., of Levin, Warfield, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, Pensacola, for appellants., Nancy T. Gilliam and Louis F. Ray, Jr., of Ray & Kievit, Pensacola, for appellee.
Mills, Shivers, Zehmer.
Published
PER CURIAM.

Appellants, plaintiffs below, sued for damages in this slip-and-fall case and appeal an adverse judgment entered on a jury verdict. The only issue presented concerns an alleged erroneous instruction given the jury.

There was no evidence showing how the slippery substance came to be on the floor. The only negligence issue supported by the evidence and argued to the jury was whether the slippery substance had been on the floor sufficiently long to put appellee on notice. On the record before us, appellants have failed to preserve and demonstrate reversible error regarding the jury instructions taken as a whole. Arnold v. Taco Properties, Inc., 427 So.2d 216, 219-20 (Fla. 1st DCA 1983); Page v. Cory Corp., 347 So.2d 817 (Fla. 3d DCA 1977); Frankowitz v. Beck, 257 So.2d 918, 919 (Fla. 3d DCA 1972); Henningsen v. Smith, 174 So.2d 85 (Fla. 2d DCA 1965). This case is distinguishable from and thus not governed by LaRussa v. Vetro, 254 So.2d 537 (Fla.1971).

AFFIRMED.

MILLS, SHIVERS and ZEHMER, JJ., concur.