LINDA WILLIAMS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANDREAS HARRIS, APPELLANT,
v.
ALOIS A. MEYER, STATE FARM INSURANCE COMPANY, EARTHA BROWN FERGUSON, AND TEACHERS INSURANCE COMPANY, APPELLEES
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In this wrongful death appeal, the court affirmed a judgment denying recovery for the death of a six-year-old child who fell from his grandmother's car onto a highway and was struck by a following vehicle. The court upheld both a directed verdict for the driver of the striking vehicle and a jury verdict finding no negligence against the grandmother.
The court affirmed both the directed verdict for Meyer and the jury verdict for Ferguson, finding insufficient evidence to support negligence on either defendant's part. Meyer could not have seen the child given the evidence about the child's position relative to the roadway, and Ferguson's conduct did not constitute actionable negligence.
[1] A directed verdict is appropriate where the evidence and reasonable inferences therefrom fail to prove the plaintiff's case.
[2] A driver is not liable for a wrongful death accident if there is no evidence that the driver was aware of the presence of a child in the area or could have avoided the ac…
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Join FLexlaw to unlock all legal intelligence“Where the evidence and reasonable inferences therefrom fail to prove the plaintiff's case, a directed verdict is appropriate.”
Establishes the standard for reviewing directed verdicts in negligence cases
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Join FLexlaw to unlock all legal intelligenceAndreas Harris, age six, was left in his grandmother Eartha Ferguson's car while she made purchases at a fruit stand. When Ferguson returned to the ca…
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UPCHURCH, Judge.
This is an appeal from a judgment after jury verdict denying plaintiff recovery for the wrongful death of Andreas Harris, a child six years of age.
Andreas Harris lived with appellee, Ear-tha Ferguson, his paternal grandmother. On January 30, 1982, Mrs. Ferguson and Andreas were running errands. Mrs. Ferguson stopped her car at a fruit stand at the intersection of Clarcoma Road and Highway 435 in Orange County to make some purchases. She left Andreas in the car. Upon returning to her car, she closed her door and pulled onto Highway 435. Shortly after entering the highway, she realized the passenger door was open and Andreas was not in the automobile. She stopped her car and ran back down the road where she found that Andreas had been run over and killed by a car which was following her. That car was driven by Alois A. Meyer. The personal representative of Harris’ estate sued Meyer and his insurer and Mrs. Ferguson and her insurer. The trial court directed a verdict for Meyer and his insurer and a jury verdict was ultimately entered in favor of Ferguson and her insurer finding no negligence on Mrs. Ferguson’s part.
As to entry of the directed verdict in favor of Meyer, we find no error. Where the evidence and reasonable inferences therefrom fail to prove the plaintiff’s case, a directed verdict is appropriate. Hartnett v. Fowler, 94 So. 2d 724 (Fla.1957); Howarth v. Moreau, 430 So. 2d 576 (Fla. 5th DCA 1983); National Car Rental v. Bruce A. Ryals Enter., 380 So. 2d 529 (Fla. 5th DCA 1980). Here, there was no evidence that Meyer was aware ,a child was in the car or children were in the area. An expert witness testified that the child could have been seen by Meyer only if the child was in a sitting position or higher than six inches above the road. There was no evidence that the decedent was in a sitting position or at a height greater than six inches, or any other evidence from which a jury might conclude that Meyer could have avoided the accident.
As to the jury’s verdict finding no negligence against Mrs. Ferguson, we also affirm.
AFFIRMED.
DAUKSCH and SHARP, JJ., concur.
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Tinwood N.V. v. SUN Banks, Inc., 570 So. 2d 955 (Fla. 5th DCA 1990)…support of the cause(s) of action pleaded. Golden v. Morris, 55 So. 2d 714 (Fla.1951); Hart- [*959] nett v. Fowler, 94 So. 2d 724 (Fla.1957). See generally, Holmes v. Don Mealey Chevrolet, Inc., 468 So. 2d 552 (Fla. 5th DCA 1985); Williams v. Meyer, 474 So. 2d 1214 (Fla. 5th DCA 1985); Jennings v. Ray, 484 So. 2d 1267 (Fla. 5th DCA 1986). Thus the broad question on this appeal is whether, viewing the evidence in a light most favorable to Tinwood, the corporation adduced evidence or reasonable inferences theref…
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Riley v. Willis, 585 So. 2d 1024 (Fla. 5th DCA 1991)…ped out into traffic from between two parked cars and was hit. The driver testified that he could not avoid the accident even though he braked as soon as he observed the pedestrian. Summary judgment for the driver was affirmed. In Williams v. Meyer, 474 So. 2d 1214 (Fla. 5th DCA 1985), a directed verdict was upheld for a driver who struck and killed a child he did not see. A contrary result is reached, however, when a driver sees children or is aware that children frequent the vicinity. In Miami Paper Co. v.…
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Maler v. Baptist Hosp. OF Miami, Inc., 559 So. 2d 1157 (Fla. 3d DCA 1989)…respondent Baptist Hospital or, at the very least, grant a new trial, rather than conduct a post-trial interview of the jury. See Smith v. Brown, 525 So. 2d 868, 869 (Fla.1988); Horowitz v. Schwartz, 74 So. 2d 801, 804 (Fla.1954); Williams v. Meyer, 474 So. 2d 1214, 1215 (Fla. 5th DCA 1985); Lazenby v. Beisel, 425 So. 2d 84, 87 (Fla. 2d DCA 1982), approved, 444 So. 2d 953 (Fla.1984). C Finally, we have carefully examined the affidavits filed by counsel below and conclude that no other inquiries of the jury c…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hartnett v. Fowler, 94 So. 2d 724 (Fla. 1957)
- Nat'l CAR Rental Sys., Inc. v. Bruce A. Ryals Enters., Inc., 380 So. 2d 529 (Fla. 5th DCA 1980)
- Sutton v. State, 430 So. 2d 576 (Fla. 5th DCA 1983)