DAVID COOPER AND CELIA COOPER, HIS WIFE, APPELLANTS,
v.
FENTON BRACE & LIMB COMPANY, INC., A FLORIDA CORPORATION AND, NATIONAL INDEMNITY COMPANY, A FOREIGN CORPORATION, APPELLEES
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PER CURIAM.
The plaintiffs [David Cooper] and his wife [Celia Cooper] appeal from a final judgment entered in a negligence action in favor of the defendant [Fenton Brace & Limb Company] and its insurer [National Indemnity Company]. The plaintiffs contend that it was error for the trial court to direct a verdict in favor of the defendants at the close of all the evidence in the case. We agree and reverse.
The law is clear that a directed verdict should not be entered for a defendant in a negligence action unless the plaintiff cannot recover under any reasonable view of the evidence; even where the evidence is not in dispute, when conflicting reasonable inferences may be drawn from the admitted facts, questions of negligence and negligence causation are peculiarly questions of fact which should be permitted to go to the jury. Rio Seco v. Alfred Meyers Trucking, Inc., 208 So. 2d 265 (Fla. 3d DCA 1968). Our review of the evidence in this case leads us to the conclusion that there were conflicting reasonable inferences on the question of negligence and negligence causation based on all the evidence which precluded the entry of a directed verdict in favor of the defendants.
Reversed and remanded for a new trial.
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Odie Bell Daniels v. Malcolm H. Weiss, M.D., 385 So. 2d 661 (Fla. 3d DCA 1980)…pute, when conflicting reasonable inferences may be drawn from the admitted facts, questions of negligence and negligence causation are peculiarly questions of fact which should be determined by the jury. Cooper v. Fenton Brace & Limb Company, Inc., 350 So. 2d 1106 (Fla.3d DCA 1977). The record reflects that there was conflicting evidence on the question of negligence causation precluding the entry of a directed verdict. Neither are we persuaded by Dr. Weiss’ contention that Dr. Oper’s negligence was an indepe…
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Robinson v. Allstate Ins. Co., 367 So. 2d 708 (Fla. 3d DCA 1979)…t to sustain the verdict finding Beck guilty of negligence. In effect, plaintiff urges that the entry of the directed verdict violates the principle set forth in Nelson v. Ziegler, 89 So. 2d 780 (Fla.1956); and Cooper v. Fenton Brace & Limb Company, 350 So. 2d 1106 (Fla. 3d DCA 1977). In the Cooper opinion, we held: “The law is clear that a directed verdict should not be entered for a defendant in a negligence action unless the plaintiff cannot recover under any reasonable view of the evidence; even where the…1 / 2
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- Seco v. Alfred Meyers Trucking, Inc., 208 So. 2d 265 (Fla. 3d DCA 1968)