FIRST GULF BEACH BANK & TRUST COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
FERNANDO M. ALVAREZ, AND ADA ALVAREZ, HIS WIFE, APPELLEES
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The appellate court affirmed a jury verdict for the plaintiff, holding that the evidence presented was sufficient to allow the case to go to the jury and support a finding of negligence. The court emphasized that the evidence must be viewed in the light most favorable to the plaintiff.
Yes, the evidence was sufficient to allow the case to go to the jury, and the jury's verdict for the plaintiff was supported by the evidence when viewed in the light most favorable to the plaintiff.
“There is ambiguous testimony in this record which supports the jury's verdict for the plaintiff.”
Establishes that the evidence presented was sufficient to support the jury's decision.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff slipped on water coming from a water cooler, which was known to overflow and required manual emptying. The defendant bank argued that th…
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There is ambiguous testimony in this record which supports the jury’s verdict for the plaintiff. The trial judge properly allowed the case to go to the jury and *746entered judgment on its verdict. We must view the record most favorably to the plaintiff and conclude that this case is differentiated from Winn-Dixie Stores, Inc. v. Manning, Fla.App. 1962, 143 So.2d 339, in that there the grapes on which plaintiff slipped were piled in a bin by the store’s employees and here the water on which plaintiff slipped was “coming from the water cooler” which admittedly could overflow and had to be manually emptied. Appellant asks us to find the plaintiff’s evidence incredible, but that argument is properly addressed to a jury. At least as a matter of law negligence may be inferred from the facts proven.
Affirmed.
HOBSON, C. J., and LILES, J., concur.
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Montgomery v. Fla. Jitney Jungle Stores, Inc., 281 So. 2d 302 (Fla. 1973)…that the verdict of the jury be reinstated and judgment entered accordingly. It is so ordered. CARLTON, C. J., and ERVIN and Mc-CAIN, JJ., concur. DEKLE, J., dissents. . 171 So. 2d 589 (Fla.App.2d 1965). . 234 So. 2d 132 (Fla.App.4th 1970). . 227 So. 2d 745 (Fla.App.2nd 1969). . Id. at 745-746. . 238 So. 2d 561 (Fla.1970). . 79 So. 2d 421 (Fla.1955). . 254 So. 2d 44 (Fla.App.1st 1971). . Id. at 45. . See note 1, supra. . 171 So. 2d at 591. . See note 2, supra. . 234 So. 2d at 134. . 264 So. 2…
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Marlowe v. Food Fair Stores OF Fla., Inc., 284 So. 2d 490 (Fla. 3d DCA 1973)…view which the jury might lawfully take of it, favorable to the adverse party, could a verdict for the latter be upheld. Little v. Publix Markets, Inc., Fla.App. 1970, 234 So. 2d 132; First Gulf Beach Bank & Trust Company v. Alvarez, Fla.App. 1969, 227 So. 2d 745. In Montgomery v. Florida Jitney Jungle Stores, Inc., supra, a slip and fall case which was decided after entry of the judgment by the trial court in the instant case and which was factually similar, our Supreme Court, in quashing a decision of the…
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Mabrey v. Carnival Cruise Lines, Inc., 438 So. 2d 937 (Fla. 3d DCA 1983)…view which the jury might lawfully take of it, favorable to the adverse party, could a verdict for the latter be upheld. See also Little v. Publix Supermarkets, Inc., 234 So. 2d 132 (Fla. 4th DCA 1970); First Gulf Beach Bank & Trust Co. v. Alvarez, 227 So. 2d 745 (Fla. 2d DCA 1969), cert. denied, 237 So. 2d 177 (Fla.1970). The defendant contends that a directed verdict was proper in that plaintiffs failed to produce evidence as to the source of the wetness and/or the defendant’s actual or constructive knowl…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cape COD Tr. Co. v. Wixon, 143 So. 2d 339 (Fla. 2d DCA 1962)
- Winn-Dixie Stores, Inc. v. Manning, 143 So. 2d 339 (Fla. 2d DCA 1962)