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K-Mart Corporation v. Sellers

District Court of Appeal of Florida, First District
May 12, 1997
693 So. 2d 124 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-3919.

Opinion filed May 12, 1997.

An appeal from the Circuit Court for Alachua County. Chester B. Chance, Judge.

Jennifer Cates Lester of Monaco, Monaco Birder, Gainesville, for Appellant.

Mark A. Avera and Sharon H. Proctor of Avera Avera, P.A., Gainesville, for Appellees.


K-Mart Corporation appeals from a jury verdict and judgment in favor of appellees in a personal injury lawsuit arising from injuries sustained by appellee William Sellers when he fell while shopping in a K-Mart store. The issue presented for review concerns the trial court's refusal to give the proposed cautionary jury instruction requested by K-Mart. We affirm, because the instructions given by the trial court correctly stated the applicable law, the omission of a special cautionary instruction on K-Mart's internal operating manuals did not constitute fundamental error, and the proposed cautionary instruction was a misstatement of Florida law. See, generally, Barrier v. Duncan, 541 So.2d 631 (Fla. 1st DCA), review denied, 551 So.2d 461 (Fla. 1989); Alderman v. Wysong Miles Co., 486 So.2d 673 (Fla. 1st DCA 1986).

Accordingly, the final judgment is affirmed in all respects.

KAHN and VAN NORTWICK, JJ., CONCUR.


Summaries of

K-Mart Corporation v. Sellers

District Court of Appeal of Florida, First District
May 12, 1997
693 So. 2d 124 (Fla. Dist. Ct. App. 1997)
Case details for

K-Mart Corporation v. Sellers

Case Details

Full title:K-MART CORPORATION, APPELLANT, v. WILLIAM P. SELLERS AND PEGGY E. SELLERS…

Court:District Court of Appeal of Florida, First District

Date published: May 12, 1997

Citations

693 So. 2d 124 (Fla. Dist. Ct. App. 1997)