SARAH AMEISEN AND HERBERT AMEISEN, HER HUSBAND, APPELLANTS,
v.
ROYAL CONTINENTAL HOTELS CORPORATION D/B/A STATLER HILTON HOTEL, APPELLEE
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The trial court erred in directing a verdict for the defendant because there was sufficient evidence to create a jury question regarding improper maintenance of the floor.
Plaintiffs sued for injuries sustained when plaintiff's wife slipped and fell on the defendant's floor. The trial court directed a verdict for the def…
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This is a slip and fall case. The trial court entered a directed verdict in favor of defendant. The plaintiffs being aggrieved appeal from the resulting final judgment. We reverse.
We acknowledge at the outset that no new or unusual legal proposition is involved and that this writing is merely an explanation for the use of these litigants and the trial court.
We know that a party moving for a directed verdict admits for the purpose of the motion not only the facts shown by the evidence, but also every reasonable inference favorable to the adverse party that the jury might fairly arrive at from the evidence. In other words, in such case the evidence and all reasonable inferences deducible therefrom must be viewed in a light most favorable to the party moved against. Applying this rule and recognizing the other limitations upon the trial court in directing a verdict,1 we conclude that the trial court erroneously withdrew this case from the jury. Resolving the conflict in plaintiffs’ favor, there was sufficient evidence produced which would create a jury question as to the improper maintenance which created a dangerous condition upon defendant’s floor, which caused plaintiff’s wife to slip and fall.2 This testimony is found in the record and discussed in the *464briefs and we feel that no purpose would be served in restating it here.
The judgment appealed is reversed and the cause remanded for further proceedings consistent with this opinion.
McCAIN and OWEN, JJ., concur.
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Dvorak v. Holiday Inns OF Am., Inc., 429 F.2d 54 (5th Cir. 1970)…in this case, and the judgment of the district court is Affirmed. . Other recent Florida cases recognizing these rules governing directed verdicts are: Macrellis v. George, 202 So. 2d 107 (Fla.App.1967) ; Ameisen v. Royal Continental Hotels Corp., 226 So. 2d 463 (Fla. App.1969) ; McRae v. Winn Dixie Stores, 227 So. 2d 214 (Fla.App.1969). Under the federal test laid down in Boeing Company v. Shipman, 411 F. 2d 365 (5th Cir. 1969), the district court also correctly granted the motion for directed verdict bec…
Authorities Cited
- Ladenson v. Eder, 195 So. 2d 211 (Fla. 1967)
- Martha Fritts and her husband v. Collins, 144 So. 2d 850 (Fla. 2d DCA 1962)