Pier Pavilion, Inc. v. Hensley

District Court of Appeal of Florida

Pier Pavilion, Inc. v. Hensley

150 So. 2d 460, 1963 Fla. App. LEXIS 3459

District Court of Appeal of Florida·Decided March 6, 1963·No. No. 3409·Published·Cited by 1 cases

Opinion

PER CURIAM.

The appellant, defendant below, appeals from an order granting the appellee-plain-tiff a new trial. A directed verdict had been given for the defendant but, subsequent thereto, the court decided he had erred in granting a directed verdict and granted a new trial on the theory that it was a jury question as to whether or not the defendant provided the plaintiff with sufficient safeguards for her protection when she fell from a diving platform at defendant’s swimming pool on Clearwater Beach. A previous summary judgment had been denied the defendant.

We conclude that there was no error in the court granting a new trial below.

Affirmed.

SHANNON, C. J., and ALLEN and SMITH, JJ., concur.

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PER CURIAM.

The appellant, defendant below, appeals from an order granting the appellee-plain-tiff a new trial. A directed verdict had been given for the defendant but, subsequent thereto, the court decided he had erred in granting a directed verdict and granted a new trial on the theory that it was a jury question as to whether or not the defendant provided the plaintiff with sufficient safeguards for her protection when she fell from a diving platform at defendant’s swimming pool on Clearwater Beach. A previous summary judgment had been denied the defendant.

We conclude that there was no error in the court granting a new trial below.

Affirmed.

SHANNON, C. J., and ALLEN and SMITH, JJ., concur.

Pier Pavilion, Inc. v. Hensley, 150 So. 2d 460, 1963 Fla. App. LEXIS 3459 (Fla. Ct. App. 1963).

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Opinion

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