STEVE MILLER, APPELLANT,
v.
MAX SERRAO ET AL., APPELLEES
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Appellant-plaintiff Steve Miller, the cab driver, seeks review of a final judgment entered pursuant to a directed verdict for appellee-defendants Max Serrao (driver of rental car), Biscayne Auto Rentals, Inc. (owner of rental car), and their insurance carriers. The directed verdict was entered in a jury trial of an automobile negligence action arising out of an intersectional collision.
We must view the conflicting evidence, and the inferences reasonably to be drawn from the evidence, in a light most favorable to the appellant. The key issues were whether or not the defendant driver was negligent and whether or not the plaintiff driver was contributorily negligent. Specifically, the questions are whether the defendant ran a stop sign and whether plaintiff should have seen the defendant enter the intersection in time for him to stop. The evidence adduced did present jury questions, so that the trial court erred in entering the directed verdict at the close of plaintiff’s case. St. Germain v. Carpenter, Fla.1956, 84 So.2d 556; see also: Vann v. Hobbs, Fla.App.1967, 197 So.2d 43, 45.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dombroski v. Pelicano, 294 So. 2d 120 (Fla. 4th DCA 1974)…s pertaining to the directing of a verdict and the rationale for finding that a directed verdict was improper in this case are reflected in the recent decisions in Lupoletti v. Miller, Fla.App.1972, 269 So. 2d 67, and Miller v. Serrao, Fla.App.1972, 261 So. 2d 518. Accordingly, the directed verdict in favor of the defendant is reversed and the cause remanded for a new trial. CROSS and MAGER, JJ., and MOUNTS, MARVIN U., Jr., Associate Judge, concur.…
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Quinton O. Walters v. McQUEEN, 292 So. 2d 34 (Fla. 1st DCA 1974)…already has preempted the intersection, even though the latter may have done so wrongfully and negligently.” Also see Wagner v. Willis, 208 So. 2d 673 (Fla.App.2nd, 1968); MacNeill v. Neal, 253 So. 2d 263 (Fla.App.2nd, 1971); and Miller v. Serrao, 261 So. 2d 518 (Fla.App.3rd, 1972). In conclusion, I am of the opinion that the factual situation involved herein presented questions for jury determination relating to negligence, contributory or comparative negligence and proximate causation. Accordingly, I thi…
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Warriner v. Ramirez, 280 So. 2d 4 (Fla. 3d DCA 1973)…f the plaintiff in the trial court [the appellant here]. Paikin v. Beach Cabs, Inc., Fla.App.1966, 187 So. 2d 93; Franklin v. Dade County, Fla.App.1970, 230 So. 2d 730; Hurst v. Krinzman, Fla.App.1970, 237 So. 2d 333; Miller v. Serrao, Fla.App.1972, 261 So. 2d 518. . The trial court did not make an alternative ruling on the motion for new trial as she did in Cunningham v. Romano, Fla.App.1973, 278 So. 2d 631, (opinion filed April 10, 1973; opinion on rehearing filed June 5, 1973). . Kirchheiner v. Kirchhein…
Authorities Cited
- Vann v. Hobbs, 197 So. 2d 43 (Fla. 2d DCA 1967)
- Louise ST. Germain and her husband v. Carpenter, 84 So. 2d 556 (Fla. 1956)