Opinion
No. 87-919.
March 8, 1988.
An Appeal from the Circuit Court for Dade County; David L. Levy, Judge.
Sam W. Kleinfeld, Miami, for appellant.
Fowler, White, Burnett, Hurley, Banick Strickroot and Steven E. Stark and Kimberly A. Cook, Miami, for appellee.
Before SCHWARTZ, C.J., and HENDRY and NESBITT, JJ.
The judgment for the defendant city, entered upon a directed verdict granted at the conclusion of all the evidence on the trial court's own motion, is reversed for a new trial because the record raises jury questions as to the liability of its police officers for (a) trespass into the plaintiff's home and (b) assault and battery through the use of excessive force upon him. There is no other harmful error.
Reversed.