MARGARET J. HORN, APPELLANT,
v.
FIRST ORLANDO REALTY MANAGEMENT CORPORATION, ETC., ET AL. APPELLEES
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The trial court erred in granting a directed verdict for the defendant after a jury found for the plaintiff, as the evidence supported the plaintiff's claim of negligent misrepresentation.
The plaintiff was assured by a real estate agent that an attic was safe for storage. Relying on this, she stored items in the attic, fell through the …
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DAUKSCH, Judge.
This is an appeal from an “order granting defendant’s motion for directed verdict” which was entered after the verdict of the jury finding for the plaintiff. Therefore, it is really an order granting a judgment non obstante veredicto.
Appellant alleged and proved negligent misrepresentation on the part of a real estate management company which, through its agent, told appellant that an attic could be safely used as a storage area. There was testimony, which the jury must have believed, that the agent demonstrated how to access the attic and lighting for the area and upon inquiry by appellant assured her that the attic was available for storage. This procedure was pointed out by the agent on two separate occasions.
Appellant stored some items in the attic by turning on the light for the area and climbing fold-away stairs to the attic space. When she stepped into a place which was not adequately constructed to maintain her weight she fell to the floor below and broke her back. Because the complaint adequately alleged negligent misrepresentation and the evidence well supported the allegations, the trial court judge erred in substituting his judgment for that of the jury. See, Holmes v. Don Mealey Chevrolet, Inc., 468 So. 2d 552 (Fla. 5th DCA 1985); Ferber v. Orange Blossom Center, Inc., 388 So. 2d 1074 (Fla. 5th DCA 1980); Pittman v. Volusia County, 380 So. 2d 1192 (Fla. 5th DCA 1980).
We reverse the order appealed and remand this cause to the trial court for entry of judgment for appellant.
REVERSED and REMANDED.
ORFINGER, J., concurs.
COWART, J., dissents without opinion.
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Nu-Air Mfg. Co. v. Frank B. Hall & Co. OF NEW York, 822 F.2d 987 (11th Cir. 1987)…App.1978). Whether FCIA and Intercredit negligently made false statements to Nu-Air and whether Nu-Air reasonably relied on the misrepresentations to its detriment are questions for a jury to determine. Horn v. First Orlando Realty Management Corp., 483 So. 2d 80 (Fla.Dist.Ct.App.1986). . It is undisputed that Intercredit never communicated this fact to Nu-Air. . Intercredit is therefore wrong to suggest that it could not be liable if FCIA properly availed itself of policy provisions which gave FCIA the ri…
Authorities Cited
- Pittman v. Volusia Cnty., 380 So. 2d 1192 (Fla. 5th DCA 1980)
- Ferber v. Orange Blossom Ctr., Inc., 388 So. 2d 1074 (Fla. 5th DCA 1980)
- Holmes v. DON Mealey Chevrolet, Inc., 468 So. 2d 552 (Fla. 5th DCA 1985)