PATRICIA ALVAREZ, INDIVIDUALLY AND AS MOTHER AND NEXT FRIEND OF JASON JACKSON, A MINOR, APPELLANT,
v.
THE DADE COUNTY SCHOOL BOARD, APPELLEE
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PER CURIAM.
The two critical issues presented in this schoolground accident case were: one, at what time did the school authorities undertake to provide adult supervision on the school premises, and two, precisely at what time did the accident in question occur. The testimony on both of these issues was controverted. As a directed verdict is appropriate only when the evidence and all reasonable inferences therefrom fail to prove the plaintiffs case, it was error for the trial court to have directed a verdict in favor of the School Board. See Hartnett v. Fowler, 94 So. 2d 724 (Fla.1957); Martin v. Kendall, 96 So. 2d 668 (Fla.3d DCA 1957), cert. dismissed, 102 So. 2d 727 (Fla.1958).
Accordingly, we reverse and remand for proper resolution of the factual issues. In view of our reversal of the directed verdict on these issues, we find it unnecessary to address appellant’s other points.
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Salam v. Benmelech, 590 So. 2d 1008 (Fla. 3d DCA 1991)…awfully find a verdict for the non-moving party. Smith v. Burdine’s, Inc., 144 Fla. 500, 198 So. 223 (1940); Sears, Roebuck & Co. v. McKenzie, 502 So. 2d 940 (Fla. 3d DCA), review denied, 511 So. 2d 299 (Fla.1987); Alvarez v. Dade County School Bd., 482 So. 2d 542 (Fla. 3d DCA 1986); R.A. Jones & Sons, Inc. v. Holman, 470 So. 2d 60 (Fla. 3d DCA 1985), review dismissed, 482 So. 2d 348 (Fla.1986); Kaufman v. A-1 Bus Lines, Inc., 416 So. 2d 863 (Fla. 3d DCA 1982). In the instant case, both sides presented confl…
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Winn Dixie Stores, Inc. v. Selkowitz, 596 So. 2d 1281 (Fla. 3d DCA 1992)…PER CURIAM. Affirmed. Hartnett v. Fowler, 94 So. 2d 724 (Fla.1957); Alvarez v. Dade County School Board, 482 So. 2d 542 (Fla.3d DCA 1986).…
Authorities Cited
- Hartnett v. Fowler, 94 So. 2d 724 (Fla. 1957)
- Martin v. Kendall, 96 So. 2d 668 (Fla. 3d DCA 1957)
- Brewer v. MacVicar, 102 So. 2d 727 (Fla. 1958)
- Harlem, Jr., Inc. v. Mount Sinai Baptist Church, 102 So. 2d 727 (Fla. 1958)