Bullard v. Winn Dixie Stores, Inc.

District Court of Appeal of Florida

Bullard v. Winn Dixie Stores, Inc.

719 So. 2d 380, 1998 Fla. App. LEXIS 13468, 1998 WL 765017

District Court of Appeal of Florida·Decided October 21, 1998·No. No. 98-234·Published

Opinion

PER CURIAM.

In a bifurcated trial on liability, the plaintiff appeals from an adverse final judgment arguing that the trial court failed to properly instruct the jury on causation as an element of liability. Although the better practice is to instruct the jury on both negligence and causation for a proper determination of liability, Fla. Std. Jury Instr. (Civ.) 3.5(f), 3.6(c); Pope v. Pinkerton-Hays Lumber Co., 120 So.2d 227, 229 (Fla. 1st DCA 1960), cert. denied, 127 So.2d 441 (Fla.1961), in the instant case, the court’s refusal to give the instruction on causation was harmless because the jury found that the defendant was not negligent. Reyka v. Halifax Hosp. Dist., 657 So.2d 967, 968-69 (Fla. 5th DCA 1995); Gonzalez v. Leon, 511 So.2d 606 (Fla. 3d DCA 1987), review denied, 523 So.2d 577 (Fla.1988); Kinya v. Lifter, Inc., 489 So.2d 92 (Fla. 3d DCA), review denied, 496 So.2d 142 (Fla.1986).

Affirmed.

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PER CURIAM.

In a bifurcated trial on liability, the plaintiff appeals from an adverse final judgment arguing that the trial court failed to properly instruct the jury on causation as an element of liability. Although the better practice is to instruct the jury on both negligence and causation for a proper determination of liability, Fla. Std. Jury Instr. (Civ.) 3.5(f), 3.6(c); Pope v. Pinkerton-Hays Lumber Co., 120 So.2d 227, 229 (Fla. 1st DCA 1960), cert. denied, 127 So.2d 441 (Fla.1961), in the instant case, the court’s refusal to give the instruction on causation was harmless because the jury found that the defendant was not negligent. Reyka v. Halifax Hosp. Dist., 657 So.2d 967, 968-69 (Fla. 5th DCA 1995); Gonzalez v. Leon, 511 So.2d 606 (Fla. 3d DCA 1987), review denied, 523 So.2d 577 (Fla.1988); Kinya v. Lifter, Inc., 489 So.2d 92 (Fla. 3d DCA), review denied, 496 So.2d 142 (Fla.1986).

Affirmed.

Bullard v. Winn Dixie Stores, Inc., 719 So. 2d 380, 1998 Fla. App. LEXIS 13468, 1998 WL 765017 (Fla. Ct. App. 1998).

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Opinion

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