THOMAS RANGER, APPELLANT,
v.
AVIS RENT-A-CAR SYSTEM, INC., ET AL., APPELLEES
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Thomas Ranger appeals a directed verdict entered in favor of Avis Rent-A-Car and the driver after he was struck by their vehicle while crossing a street. The court reversed, holding that the trial judge improperly directed a verdict when conflicting evidence existed regarding whether the driver could have avoided the accident and whether Ranger was negligent.
The court held that the trial judge erred in directing a verdict because conflicting evidence existed that should have been submitted to the jury to determine whether the driver should have seen the pedestrian and could have stopped, and whether the pedestrian was guilty of negligence contributing to the accident.
[1] A trial court must grant a directed verdict only when there is a total absence of evidence to support a jury finding for the party against whom the verdict is entered.
[2] A trial judge may not weigh evidence or determine credibility when considering a motion for directed verdict.
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Join FLexlaw to unlock all legal intelligence“in granting a motion for directed verdict, the court must determine that there is a total absence of evidence to support a jury finding for the party against whom the verdict is entered”
Establishes the standard for when a directed verdict is appropriate in Florida law
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Join FLexlaw to unlock all legal intelligenceOn December 25, 1973, Ranger was struck by a car driven by Azell Hardnett and owned by Avis Rent-A-Car while attempting to cross N.W. 22nd Avenue from…
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SACK, MARTIN, Associate Judge.
Plaintiff appeals an adverse final judgment entered pursuant to a directed verdict for the defendants in this action to recover damages for injuries sustained as a result of being struck by an automobile. Plaintiff-appellant, Thomas Ranger, on the evening of December 25, 1973 was attempting to cross N.W. 22nd Avenue from the median strip where he been let off by a bus when he was struck by an automobile driven by defendant Azell Hardnett and owned by defendant Avis Rent-A-Car. Ranger, who admitted he had a few drinks earlier in the day, alleged that he stepped into the crosswalk as the traffic light turned green and started across the street. The next thing he remembered was waking up in the hospital. Hardnett testified that he saw Ranger on the median strip and suddenly he was in front of the car and it was too late to avoid hitting him. At the jury trial expert testimony was presented by both parties as to how fast Ranger could have been walking and whether Hardnett, driving at various speeds, could have stopped his car on time. At the close of all the evidence, the trial judge finding that there were too many inferences directed a verdict for the defendants. Ranger appeals therefrom. We reverse.
It is well established that in granting a motion for directed verdict, the court must determine that there is a total absence of evidence to support a jury finding for the party against whom the verdict is entered. Further, it is not within the province of the trial judge to weigh evidence or determine questions of credibility, and where there is the possibility of different conclusions or inferences from the evidence, the judge should submit the issue to the jury. Parsons v. Reyes, Fla.1970, 238 So. 2d 561. Considering the record in the case at bar in view of the above principles of law, we find that the evidence was conflicting and the trial judge erred in not submitting to the jury for its determination the issues of whether Hardnett should have seen Ranger and could have stopped his car on time, and whether Ranger was guilty of negligence contributing to the accident. See Nelson v. Ziegler, Fla.1956, 89 So. 2d 780.
Accordingly, the judgment for defendants is reversed and the cause remanded for a new trial.
Reversed and remanded.
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Citator
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Jaar v. The Univ. OF Miami, 474 So. 2d 239 (Fla. 3d DCA 1985)…So. 2d 561 (Fla.1970); Bruce Construction Corp. v. The State Exchange Bank, 102 So. 2d 288 (Fla.1958); Gravette v. Turner, 77 Fla. 311, 81 So. 476 (1919); Levey v. Getelman, 444 So. 2d 1027 (Fla. 3d DCA 1984); Ranger v. Avis Rent-A-Car System, Inc., 336 So. 2d 467 (Fla. 3d DCA 1976). In Parsons v. Reyes, supra, at page 563 the Supreme Court said: “... It does not lie within the province of the Court to weigh evidence or determine questions of credibility and, where there is the possibility of different concl…
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Hernandez v. Motrico, Inc., 370 So. 2d 836 (Fla. 3d DCA 1979)…ed, or where there is room for such differences as to the inferences that might be drawn from conceded facts, the matter should be submitted to the jury. McCabe v. Howard, 281 So. 2d 362 (Fla. 2d DCA 1973) and Ranger v. Avis Rent-A-Car System, Inc., 336 So. 2d 467 (Fla. 3d DCA 1976). The trial court should not infer certain facts, as a matter of law, unless they are certain and incontrovertible. Atlantic Coast Line R. Co. v. Webb, 112 Fla. 449, 150 So. 741 (Fla.1933). The facts herein are not certain and inc…
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Weinstein v. Heyman, 379 So. 2d 446 (Fla. 3d DCA 1980)…examined the original trial record in this connection and find no error. Therefore, the final judgment here under review be and the same is hereby affirmed. Belden v. Lynch, 126 So. 2d 578 (Fla. 2d DCA 1961); Ranger v. Avis Rent-A-Car System, Inc., 336 So. 2d 467 (Fla. 3d DCA 1976); Balart v. Michel’s Kartway, Inc., 364 So. 2d 90 (Fla. 3d DCA 1978). Affirmed.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nelson v. Ziegler, 89 So. 2d 780 (Fla. 1956)
- Joyce Ann Parsons et vir v. Reyes, 238 So. 2d 561 (Fla. 1970)