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plaintiffdefendantnegligencetrialverdictwillsustained
plaintiffdefendantnegligencetrialverdictwillsustained

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Whaley v. Lawing, 352 So.2d 1090

Facts

Plaintiff Robert B. Whaley sued defendants Lloyd and Mary Lawing for injuries sustained when their redwood sundeck collapsed. The plaintiff claimed that the defendants were wantonly negligent in allowing him, a social guest, onto the unstable deck. The sundeck had been extensively used for social gatherings over the year and a half prior to the accident, with no complaints about its safety. The defendants testified they had not noticed any issues with the deck, and the plaintiff himself had experienced only slight vibrations, which he did not report to the defendants.

Plaintiff Robert B. Whaley sued defendants Lloyd and Mary Lawing for injuries sustained when their redwood sundeck collapsed. The plaintiff claimed that the defendants were wantonly negligent in allowing him, a social guest, onto the unstable deck. The sundeck had been extensively used for social gatherings over the year and a half prior to the accident, with no complaints about its safety. The defendants testified they had not noticed any issues with the deck, and the plaintiff himself had experienced only slight vibrations, which he did not report to the defendants.

Issue

Did the trial court err in directing a verdict for the defendants when there was evidence supporting the material elements of the plaintiff's case?

Did the trial court err in directing a verdict for the defendants when there was evidence supporting the material elements of the plaintiff's case?

Rule

Wantonness has been defined as the conscious doing of some act or the omission of some duty which under knowledge of existing conditions and while conscious that, from the doing of such act or the omission of such duty, injury will likely or probably result.

Wantonness has been defined as the conscious doing of some act or the omission of some duty which under knowledge of existing conditions and while conscious that, from the doing of such act or the omission of such duty, injury will likely or probably result.

Analysis

The court analyzed whether the evidence presented by the plaintiff could support a claim of wantonness against the defendants. It noted that while the plaintiff and his wife had experienced slight vibrations on the deck, there was no evidence that the defendants had knowledge of any dangerous condition. The court concluded that the extensive and uneventful use of the sundeck over the prior year and a half did not support the inference that the defendants were aware of any defect that could lead to a collapse.

The court analyzed whether the evidence presented by the plaintiff could support a claim of wantonness against the defendants. It noted that while the plaintiff and his wife had experienced slight vibrations on the deck, there was no evidence that the defendants had knowledge of any dangerous condition. The court concluded that the extensive and uneventful use of the sundeck over the prior year and a half did not support the inference that the defendants were aware of any defect that could lead to a collapse.

Conclusion

The court affirmed the trial court's decision, concluding that the directed verdict for the defendants was not in error.

The court affirmed the trial court's decision, concluding that the directed verdict for the defendants was not in error.

Who won?

Defendants Lloyd and Mary Lawing prevailed because the court found no evidence of wantonness or negligence on their part regarding the sundeck's condition.

Defendants Lloyd and Mary Lawing prevailed because the court found no evidence of wantonness or negligence on their part regarding the sundeck's condition.

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