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

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 2, 1968

Docket26217_1

StatusPublished

This text of 404 F.2d 410 (The Southland Corporation D/B/A Seven Eleven Food Store v. John Venere, Jr., and Gloria Venere) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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.

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Bluebook (online)

404 F.2d 410, 1968 U.S. App. LEXIS 4677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-southland-corporation-dba-seven-eleven-food-store-v-john-venere-ca5-1968.