Phillips v. Van's Electric of Lake Worth, Inc.

District Court of Appeal of Florida

Phillips v. Van's Electric of Lake Worth, Inc.

620 So. 2d 253, 1993 Fla. App. LEXIS 6661, 1993 WL 217131

CourtDistrict Court of Appeal of Florida

DecidedJune 23, 1993

DocketNo. 92-1539

StatusPublished

Cited by4 cases

This text of 620 So. 2d 253 (Phillips v. Van's Electric of Lake Worth, Inc.) 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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Phillips v. Van's Electric of Lake Worth, Inc., 620 So. 2d 253, 1993 Fla. App. LEXIS 6661, 1993 WL 217131 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

Appellants, plaintiffs below, appeal from a directed verdict granted against them in this negligence action. We reverse the directed verdict and remand for a new trial.

Directed verdicts in negligence cases must be granted in an especially cautious manner. Collins v. School Board of Broward County, 471 So.2d 560, 563 (Fla. 4th DCA 1985), review dismissed, 491 So.2d 280 (Fla.1986). A judge is prohibited from acting as a substitute fact-finder on the weight of the evidence presented at trial by granting a directed verdict. St. Lucie County v. Federal Constr. Co., 584 So.2d 122, 123 (Fla. 4th DCA 1991). On this record, we find that there was sufficient evidence of appellee’s negligence to send the case to the jury. In particular, the very morning of the incident the appel-lee had attempted to repair the unit from which later appellant received a serious electrical shock. There was evidence that appellee told appellant’s supervisor that it was okay to use the unit. It was for the jury to decide the issues of negligence on the evidence presented. Therefore, it was error to grant appellee’s motion for directed verdict.

Reversed.

ANSTEAD and WARNER, JJ., and MAGER, GERALD, Senior Judge, concur.

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PER CURIAM.

Appellants, plaintiffs below, appeal from a directed verdict granted against them in this negligence action. We reverse the directed verdict and remand for a new trial.

Directed verdicts in negligence cases must be granted in an especially cautious manner. Collins v. School Board of Broward County, 471 So.2d 560, 563 (Fla. 4th DCA 1985), review dismissed, 491 So.2d 280 (Fla.1986). A judge is prohibited from acting as a substitute fact-finder on the weight of the evidence presented at trial by granting a directed verdict. St. Lucie County v. Federal Constr. Co., 584 So.2d 122, 123 (Fla. 4th DCA 1991). On this record, we find that there was sufficient evidence of appellee’s negligence to send the case to the jury. In particular, the very morning of the incident the appel-lee had attempted to repair the unit from which later appellant received a serious electrical shock. There was evidence that appellee told appellant’s supervisor that it was okay to use the unit. It was for the jury to decide the issues of negligence on the evidence presented. Therefore, it was error to grant appellee’s motion for directed verdict.

Reversed.

ANSTEAD and WARNER, JJ., and MAGER, GERALD, Senior Judge, concur.

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620 So. 2d 253, 1993 Fla. App. LEXIS 6661, 1993 WL 217131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-vans-electric-of-lake-worth-inc-fladistctapp-1993.

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