Appellate Court Rules on Negligent Mode of Operation
In another case, Etheridge v. Walt Disney World, the Court held that it was improper for the judge to grant a directed verdict, preventing the plaintiff from bringing his case to a jury. In this case, the plaintiff was injured at Walt Disney World when she was crossing the street from a parking lot, stepped off a curb and her ankle was caught in a storm drain. The appellate court here in Florida ruled that even though there may not have been a defect in the design, construction or maintenance of the storm drain, the court should have allowed the plaintiff to present evidence to a jury of a pattern and practice of encouraging guests to cross the street over the storm drain. Negligent mode of operation may be a basis for liability against a premises owner in a case where someone falls and suffers serious injury.