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Sears, Roebuck Company v. Sheppard

District Court of Appeal of Florida, Third District
Feb 8, 1967
194 So. 2d 62 (Fla. Dist. Ct. App. 1967)

Opinion

No. 66-321.

January 10, 1967. Rehearing Denied February 8, 1967.

Appeal from the Circuit Court, Dade County, Pat Cannon, J.

Dean, Adams, George Wood, Jeanne Heyward, Miami, for appellant.

Carey, Dwyer, Austin, Cole Stephens and Edward A. Perse, Miami, for appellees.

Before HENDRY, C.J., SWANN, J., and KANNER, A.O., Associate Judge.


Sears appeals from an adverse final judgment, after a jury trial, in a slip and fall suit by a business invitee.

Appellants claim that the appellees failed to prove a prima facie case of negligence sufficient to go to the jury and that the trial judge should have granted their motions for directed verdict, for new trial, or for judgment non obstante veredicto.

The record on appeal indicates that there was conflicting evidence concerning the creation of the conditions alleged to have caused the accident. The evidence of negligence here was slight but there was sufficient evidence of negligence to withstand the motion for directed verdict and it was proper to submit the question to the jury, which was entitled to make reasonable deductions and inferences from the evidence.

Mercy Hospital, Inc. v. Larkins, Fla.App. 1965, 174 So.2d 408.

Atlantic Coast Line R. Co. v. Gary, Fla. 1951, 57 So.2d 10.

No error having been clearly demonstrated, the judgment is

Affirmed.


Summaries of

Sears, Roebuck Company v. Sheppard

District Court of Appeal of Florida, Third District
Feb 8, 1967
194 So. 2d 62 (Fla. Dist. Ct. App. 1967)
Case details for

Sears, Roebuck Company v. Sheppard

Case Details

Full title:SEARS, ROEBUCK COMPANY, A NEW YORK CORPORATION, APPELLANT, v. ROMELDA…

Court:District Court of Appeal of Florida, Third District

Date published: Feb 8, 1967

Citations

194 So. 2d 62 (Fla. Dist. Ct. App. 1967)

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