K-Mart Corp. v. Sellers

District Court of Appeal of Florida

K-Mart Corp. v. Sellers

693 So. 2d 124, 1997 Fla. App. LEXIS 4989, 1997 WL 236173

CourtDistrict Court of Appeal of Florida

DecidedMay 12, 1997

DocketNo. 96-3919

StatusPublished

This text of 693 So. 2d 124 (K-Mart Corp. v. Sellers) 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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K-Mart Corp. v. Sellers, 693 So. 2d 124, 1997 Fla. App. LEXIS 4989, 1997 WL 236173 (Fla. Ct. App. 1997).

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Opinion

JOANOS, Judge.

K-Mart Corporation appeals from a jury verdict and judgment in favor of appellees in a personal injury lawsuit arising from injuries sustained by appellee William Sellers when he fell while shopping in a K-Mart store. The issue presented for review concerns the trial court’s refusal to give the proposed cautionary jury instruction requested by K-Mart. We affirm, because the instructions given by the trial court correctly stated the applicable law, the omission of a special cautionary instruction on K-Mart’s internal operating manuals did not constitute fundamental error, and the proposed cautionary instruction was a misstatement of Florida law. See, generally, Barrier v. Duncan, 541 So.2d 631 (Fla. 1st DCA), review denied, 551 So.2d 461 (Fla.1989); Alderman v. Wy-song & Miles Co., 486 So.2d 673 (Fla. 1st DCA 1986).

Accordingly, the final judgment is affirmed in all respects.

KAHN and VAN NORTWICK, JJ., concur.

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JOANOS, Judge.

K-Mart Corporation appeals from a jury verdict and judgment in favor of appellees in a personal injury lawsuit arising from injuries sustained by appellee William Sellers when he fell while shopping in a K-Mart store. The issue presented for review concerns the trial court’s refusal to give the proposed cautionary jury instruction requested by K-Mart. We affirm, because the instructions given by the trial court correctly stated the applicable law, the omission of a special cautionary instruction on K-Mart’s internal operating manuals did not constitute fundamental error, and the proposed cautionary instruction was a misstatement of Florida law. See, generally, Barrier v. Duncan, 541 So.2d 631 (Fla. 1st DCA), review denied, 551 So.2d 461 (Fla.1989); Alderman v. Wy-song & Miles Co., 486 So.2d 673 (Fla. 1st DCA 1986).

Accordingly, the final judgment is affirmed in all respects.

KAHN and VAN NORTWICK, JJ., concur.

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693 So. 2d 124, 1997 Fla. App. LEXIS 4989, 1997 WL 236173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/k-mart-corp-v-sellers-fladistctapp-1997.

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