Opinion
No. 71-610.
February 29, 1972.
Appeal from the Circuit Court, Dade County, Rhea P. Grossman, J.
James A. Davis and Joan A. Berk, for appellant.
Carey, Dwyer, Austin, Cole Selwood and Steven R. Berger, Miami, for appellees.
Before SWANN, C.J., and PEARSON and CHARLES CARROLL, JJ.
This is an appeal by the plaintiff from a final judgment entered by the trial court after the defendant had moved for a directed verdict at the close of all the evidence; the motion had been reserved by the court, and the jury had reported its verdict in favor of the plaintiff.
The question to be determined is whether a directed verdict was justified because the evidence considered as an entirety failed to prove the plaintiff's case. Bruner v. Hart, Fla. 1910, 59 Fla. 171, 51 So. 593 (1910); Jackson v. Harrell, Fla.App. 1965, 171 So.2d 633. Our review of the evidence indicates that the trial court correctly determined that the plaintiff failed to prove a breach of duty owed him by the defendant, one of the essential elements of negligence. See Abrams v. Nolan Brown Cadillac Co., Fla.App. 1969, 228 So.2d 131.
Affirmed.