Opinion
No. 3409.
March 6, 1963.
Appeal from Circuit Court of Pinellas County; Thomas J. Collins, Judge.
Michael L. Kinney, William Hapner, Jr., of Fowler, White, Gillen, Humkey Trenam, Tampa, for appellant.
Benjamin Sidwell and Richard Mulholland, Tampa, for appellee.
The appellant, defendant below, appeals from an order granting the appellee-plaintiff a new trial. A directed verdict had been given for the defendant but, subsequent thereto, the court decided he had erred in granting a directed verdict and granted a new trial on the theory that it was a jury question as to whether or not the defendant provided the plaintiff with sufficient safeguards for her protection when she fell from a diving platform at defendant's swimming pool on Clearwater Beach. A previous summary judgment had been denied the defendant.
We conclude that there was no error in the court granting a new trial below.
Affirmed.
SHANNON, C.J., and ALLEN and SMITH, JJ., concur.