MARIAN HELMS, AS ADMINISTRATRIX OF THE ESTATE OF HAROLD R. HELMS, DECEASED, PETITIONER,
v.
PAUL J. KELLY, RESPONDENT
MARIAN HELMS, AS ADMINISTRATRIX OF THE ESTATE OF HAROLD R. HELMS, DECEASED, PETITIONER,
PAUL J. KELLY, RESPONDENT
163 So. 2d 3
Florida District Court of Appeal, Second District (1964)
Positive Treatment
Cited by 22 cases
Opinion of the Court
The petitioner recognizes that in Girten v. Bouvier, Fla.App.1963, 155 So.2d 745, this court denied an application for a writ of certiorari under circumstances almost identical to those present here. She urges us to overrule that decision for the reasons set forth in the dissenting opinion filed by Judge Shannon in that case. After carefully considering the matter we have concluded that the Girten case is controlling and that the present application must be denied for the reasons set forth in our opinion in that case.
The petition for writ of certiorari is denied.
SHANNON, Acting C. J., and WHITE and ANDREWS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Highlands Ins. Co. v. Gilday, 398 So. 2d 834 (Fla. 4th DCA 1981)…on of its patrons. Wood v. Camp, 284 So. 2d 691 (Fla.1973); Phillips Petroleum Co. of Bartlesville, Okl. v. Dorn, 292 So. 2d 429 (Fla. 4th DCA 1974). However, such owner or operator is not an insurer of the safety of its patrons. Black v. Heininger, 163 So. 2d 3 (Fla.2d DCA 1964). Nor is the owner or operator liable for the conduct of another on his premises which causes injury to a business invitee unless the owner or operator has notice of the danger involved and an opportunity to protect against it. The…
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Moisan v. Frank K. Kriz, JR., M.D., P.A., 531 So. 2d 398 (Fla. 2d DCA 1988)…; Maximo Moorings Marine Center, Inc. v. Walke, 196 So. 2d 215 (Fla. 2d DCA 1967). Thus, where as here, a trial court enters a directed verdict, it implicitly holds that there is a lack of evidence to support one side of the case. Black v. Heninger, 163 So. 2d 3 (Fla. 2d DCA 1964). On appeal, a reviewing court must consider whether the trial court abused its discretion in deciding there was no evidence on which a jury could lawfully return a verdict in favor of the plaintiff. Myers v. Atlantic Coast Line R.…
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Stanek v. Houston, 165 So. 2d 825 (Fla. 2d DCA 1964)…dge relieved them of their duty to explain. Unless the evidence as a whole with all reasonable inferences points to but one possible conclusion, the trial court is not warranted in withholding a case from the jury. Black v. Heininger, Fla.App.1964, 163 So. 2d 3. The plaintiffs met the three conditions for the applicability of the res ipsa doctrine. There was then cast upon [*828] the defendants, without shifting- the burden of proof from the plaintiffs, the burden of going forward with the evidence to atte…
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- Girten v. Bouvier, 155 So. 2d 745 (Fla. 2d DCA 1963)