MARKS
v.
CARL'S MARKETS, INC.
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PER CURIAM.
The record and the briefs in this cause have been examined and a majority of the court have reached the conclusion that the trial court applied the proper rule of law to the evidence and that his judgment should be and is hereby affirmed.
Affirmed.
SEBRING, G J., and HOBSON, ROBERTS and MATHEWS, JJ., concur. THOMAS, J., concurs specially.
TERRELL, J., dissents.
DREW, J., not participating.
THOMAS, Justice
(concurring specially)-
I think the circuit judge properly applied the law announced and that his judgment should be affirmed.
TERRELL, Justice
(dissenting).
The issues in the case were negligence vel non on the part of defendant and contributory negligence on the part of the plaintiff. It appears that the court’s order granting -the motion for directed verdict shows on its face that the issues should have been presented to the jury, in that he pointed out: (1) “plaintiff’s testimony shows that the beans were stacked high, and-invited themselves to fall, which would in itself put a shopper on notice that softie might fall or some might have recently fallen;” (2) “I cannot see from the evidence in this-case now any actionable negligence that would stick.”
The record discloses that appellee’s place of business was a very attractive supermarket, that at the time plaintiff was hurt, there was a “special” on green beans, that the bean bin was overloaded, that it was difficult to take beans from the bin, without dropping some on the floor, and that beans were in fact repeatedly dropped on the floor, and not restored to the bin. There was testimony that the floor had not bfeen swept for more than an hour at the time plaintiff slipped on the bean and fell.
On some matters there was conflicting evidence, while on others there was no controversy. The reasonable deductions from the evidence are for the jury and not the court to determine. Since some of the evidence was controversial, even if the court drew a different conclusion from it, or had a different idea as to its probative value, it should have gone to the jury. There must be no affirmative evidence to warrant the court in directing a verdict.
I therefore dissent.
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Peairs v. Fla. Publ'g Co., 132 So. 2d 561 (Fla. 1st DCA 1961)…d that under the circumstances disclosed by the record the defendant-appellant “cannot escape liability and responsibility by claiming that the work was being done by an independent contractor and that appellant had no control over his activities.” [62 So. 2d 739.] The courts of this state have recognized several other exceptions, not pertinent here, to the general rule that a person is not liable for the torts of his independent contractor. Some of these other exceptions are discussed in 17 Fla.Jur., Indep…
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Carls Mkts., Inc. v. Leonard, 73 So. 2d 826 (Fla. 1954)…ly on guard in the lobbies, around the steps, terraces and sidewalks leading into hotels, to observe such objects as a cigar butt as described in this case, would place upon them an intolerable burden.” In the case of Marks v. Carl’s Markets, Fla., 62 So. 2d 739, the lower court granted motion for directed verdict for the defendant. The defendant was engaged in conducting a market in which it sold, among other things, green beans. The beans were stacked high. The record showed that the place of business was…
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Donoghue v. Beeler, 149 So. 2d 534 (Fla. 1963)…any v. Braddock, Fla., 96 So. 2d 127, subsequently served as the basis of the decision of the District Court of Appeal, Third District, in Ratner v. Arrington, Fla.App., 111 So. 2d 82 at pages 87 and 88. See also Marks v. Carl’s Markets, Inc., Fla., 62 So. 2d 739, cited and distinguished in Carl’s Markets, Inc. v. Leonard, Fla., 73 So. 2d 826; Harvey v. Hubbard, Fla., 38 So. 2d 303, cited in Trowbridge v. Guaranty Trust Company of New York, Fla., 53 So. 2d 104; Brann v. Town of Ocean Ridge, Fla., 38 So. 2d 4…
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