ORLANDO REYES AND BEATRIZ REYES, APPELLANTS,
v.
METROPOLITAN DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE
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The court reversed a directed verdict in a slip-and-fall case at a county jail facility, holding that the plaintiff's negligence claim should have gone to a jury, and also reversed the denial of the wife's loss of consortium claim where the husband had provided proper notice.
A directed verdict for the defendant in a slip-and-fall case must be reversed when the evidence presents a question of fact for the jury, and a spouse's loss of consortium claim cannot be denied solely because the spouse failed to give notice when the injured party had already provided notice.
[1] A spouse's loss of consortium claim is not barred by the notice requirement of section 768.28(6)(a) when the injured spouse has already provided the required notice.
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Join FLexlaw to unlock all legal intelligenceA delivery man was injured in a slip-and-fall accident at a Dade County jail facility. His wife sought to recover for loss of consortium but was denie…
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PER CURIAM.
This is an appeal questioning the propriety of a final judgment in favor of a defendant based on a directed verdict in a “slip and fall” ease. The accident occurred at a Dade County jail facility. The plaintiff was a delivery man for a purveyor. In addition, error is urged in a motion in limine ruling finding hearsay in a written statement by an inmate of the facility and the denial of a loss of consortium claim by the wife for her failure to give a notice pursuant to section 768.28(6)(a), Florida Statutes (1989), even though the husband had, in fact, given such a notice.
We reverse, finding that the plaintiff’s case should have gone before a trier of fact. Mahoney v. Burger King Corp., 600 So. 2d 1252 (Fla. 3d DCA 1992); Brooks v. Phillip Watts Enterprises, Inc., 560 So. 2d 339 (Fla. 1st DCA 1990); Lee v. The Southland Corp., 253 So. 2d 268 (Fla. 2d DCA 1971). We find no error in the motion in limine ruling as the inmate was not an agent or employee of the defendant, and therefore the statement was inadmissible under section 90.803(18)(d), Fla.Stat. (1993) amended by 1995 Fla. Laws eh. 95-147. But we do find error in the denial of loss of consortium claim. Chandler v. Novak, 596 So. 2d 749 (Fla. 3d DCA 1992). Therefore, the final judgment on the directed verdict is reversed and the matter is returned to the trial court for further proceedings consistent with this opinion.
Reversed and remanded with directions.
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Metro. Dade Cnty. v. Reyes, 688 So. 2d 311 (Fla. 1996)…OVERTON, Justice. We have for review Reyes v. Metropolitan Dade County, 661 So. 2d 98 (Fla. 3d DCA 1995), which expressly and directly conflicts with Orange County v. Piper, 523 So. 2d 196 (Fla. 5th DCA), review denied, 531 So. 2d 1354 (Fla.1988). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We must address whether a spouse’s…
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Authorities Cited
- R.B. Brooks and Cynthia Brooks v. Phillip Watts Enters., Inc., 560 So. 2d 339 (Fla. 1st DCA 1990)
- Chandler v. Fred J. Novak, D.D.S., 596 So. 2d 749 (Fla. 3d DCA 1992)
- LEE v. The Southland Corp., 253 So. 2d 268 (Fla. 2d DCA 1971)
- Mahoney v. Burger King Corp., 600 So. 2d 1252 (Fla. 3d DCA 1992)