Blaustein v. Commodore Cruise Line, Ltd.

District Court of Appeal of Florida

Blaustein v. Commodore Cruise Line, Ltd.

627 So. 2d 131, 1993 Fla. App. LEXIS 12376, 1993 WL 502305

CourtDistrict Court of Appeal of Florida

DecidedDecember 7, 1993

DocketNo. 92-2070

StatusPublished

Cited by2 cases

This text of 627 So. 2d 131 (Blaustein v. Commodore Cruise Line, Ltd.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Blaustein v. Commodore Cruise Line, Ltd., 627 So. 2d 131, 1993 Fla. App. LEXIS 12376, 1993 WL 502305 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

We reverse the final judgment entered upon a directed verdict in defendant’s favor in a negligence action. “A directed verdict is proper only when the record conclusively shows an absence of facts or inferences from facts to support a jury verdict, viewing the evidence in a light most favorable to the nonmoving party.” Sears, Roebuck & Co. v. McKenzie, 502 So.2d 940, 941 (Fla. 3d DCA), review denied, 511 So.2d 299 (Fla.1987); Packer v. Winston Towers One Hundred Ass’n, Inc., 377 So.2d 46 (Fla. 3d DCA 1979). The record in this case does not establish a complete absence of facts or inferences from which the jury could find that the defendant had constructive notice of the conditions causing plaintiffs injury. See Keefe v. Bahama Cruise Line, Inc. 867 F.2d 1318 (11th Cir.1989). The judgment is reversed and the cause is remanded for trial.

Reversed and remanded.

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PER CURIAM.

We reverse the final judgment entered upon a directed verdict in defendant’s favor in a negligence action. “A directed verdict is proper only when the record conclusively shows an absence of facts or inferences from facts to support a jury verdict, viewing the evidence in a light most favorable to the nonmoving party.” Sears, Roebuck & Co. v. McKenzie, 502 So.2d 940, 941 (Fla. 3d DCA), review denied, 511 So.2d 299 (Fla.1987); Packer v. Winston Towers One Hundred Ass’n, Inc., 377 So.2d 46 (Fla. 3d DCA 1979). The record in this case does not establish a complete absence of facts or inferences from which the jury could find that the defendant had constructive notice of the conditions causing plaintiffs injury. See Keefe v. Bahama Cruise Line, Inc. 867 F.2d 1318 (11th Cir.1989). The judgment is reversed and the cause is remanded for trial.

Reversed and remanded.

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627 So. 2d 131, 1993 Fla. App. LEXIS 12376, 1993 WL 502305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blaustein-v-commodore-cruise-line-ltd-fladistctapp-1993.

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