The Southland Corporation D/B/A Seven Eleven Food Store v. John Venere, Jr., and Gloria Venere

Fifth Circuit

The Southland Corporation D/B/A Seven Eleven Food Store v. John Venere, Jr., and Gloria Venere

404 F.2d 410, 1968 U.S. App. LEXIS 4677

Court of Appeals for the Fifth Circuit·Decided December 2, 1968·No. 26217_1·Published

Opinion

PER CURIAM:

We conclude that in this diversity case the trial court committed no error in charging accurately, as it did, the theory of res ipsa loquitur.

The jury could have found that the appellant had such “exclusive control” of the trash container as would meet the requirements of the Florida law. No other facts, either proved or to be inferred, dealing with possible specific acts of negligence, made the charge inappropriate. The jury was not required to accept the theory that any specific act or failure to act was the direct cause of the injury.

The judgment is affirmed.

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PER CURIAM:

We conclude that in this diversity case the trial court committed no error in charging accurately, as it did, the theory of res ipsa loquitur.

The jury could have found that the appellant had such “exclusive control” of the trash container as would meet the requirements of the Florida law. No other facts, either proved or to be inferred, dealing with possible specific acts of negligence, made the charge inappropriate. The jury was not required to accept the theory that any specific act or failure to act was the direct cause of the injury.

The judgment is affirmed.

The Southland Corporation D/B/A Seven Eleven Food Store v. John Venere, Jr., and Gloria Venere, 404 F.2d 410, 1968 U.S. App. LEXIS 4677 (5th Cir. 1968).

Pincite

404 F.2d 410 (The Southland Corporation D/B/A Seven Eleven Food Store v. John Venere, Jr., and Gloria Venere) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.