EUNICE CECELIA DAVID, A/K/A EUNICE CECELIA KINTZ GRAY, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Fruehauf Corp. v. AETNA Ins. Co., 336 So. 2d 457 (Fla. 1st DCA 1976)
  …of a bailee for intrusted goods which are lost or stolen is whether the bailee exercised that degree of care toward the goods that a reasonably prudent person would bestow on his own goods.” (Hollander v. Nolan Brown Motors, Inc., Fla.App. 3rd 1973, 272 So. 2d 9) Appellant insists that it met that test as evidenced by the extensive security measures taken by it, particularly the use of a guard service. For purposes of analysis, we find it helpful to place the alleged negligence of appellant into two catego…
• Monroe Sys. FOR Bus., Inc. v. Intertrans Corp., 650 So. 2d 72 (Fla. 3d DCA 1994)
  …bs v. Rice, 64 Fla. 202, 59 So. 958, 959 (1912)) (emphasis added). The test “is whether the bailee exercised that degree of care toward the goods that a reasonably prudent person would bestow on his own goods.” Hollander v. Nolan Brown Motors, Inc., 272 So. 2d 9, 10 (Fla. 3d DCA 1973). “A bailee is not an insurer of the property delivered into its keeping and is not liable for the loss of the thing bailed, except where there is a breach of the duty of the requisite degree of care.” Fruehauf Corp. v. Aetna I…
• Agustin Clemente v. Tundidor, 284 So. 2d 31 (Fla. 3d DCA 1973)
  …23 Fla.Jur. Negligence § 129 (1959). Nevertheless, we are equally conscious that a directed verdict of the trial court comes to the District Court of Appeal with a presumption of correctness. See Hollander v. Nolan Brown Motors, Inc., Fla.App.1973, 272 So. 2d 9. Further, it is well established that when the undisputed evidence shows that plaintiff is guilty of negligence which contributes to the proximate cause of his injury, it is the duty of the court to direct a verdict against the plaintiff. 6345 Colli…

Authorities Cited

• State v. Wright, 224 So. 2d 300 (Fla. 1969)
• State v. Owens, 233 So. 2d 389 (Fla. 1970)
• Lawrence v. State, 252 So. 2d 299 (Fla. 3d DCA 1971)