HIRADIA GUTIERREZ, IRIS ARANGO AND ARMANDO ARANGO, HER HUSBAND, APPELLANTS,
v.
L. PLUMBING, INC. AND NATHAN L. LERNER, APPELLEES
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A jury question was presented as to whether the defendant negligently entered the traffic lane and caused the collision.
The defendant stopped at a stop sign and then entered the traffic lane of a through street where the plaintiffs' automobile was proceeding.…
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DANIEL S. PEARSON, Judge.
Viewing the evidence and all reasonable inferences therefrom most favorably to the plaintiffs, we conclude that a jury question was presented as to whether the defendant Lerner, having stopped his employer’s truck at a stop sign, thereafter negligently entered into the traffic lane of the through street upon which the plaintiffs’ automobile was proceeding1 and caused, at least to some degree, the collision between the parties’ vehicles. Therefore, we reverse the directed verdict for the defendants2 and remand the cause for a new trial.
Reversed and remanded.
. Without exhaustively detailing the evidence in the case, we simply note that the evidence shows that immediately following the accident the defendant's truck was in the traffic lane of the through street. From this fact it can be fairly inferred that the truck had entered into the traffic lane before the accident since the collision would have knocked the truck in the direction whence it came.
. We have repeatedly instructed that trial judges who are inclined to grant a directed verdict at the conclusion of the case should instead reserve ruling thereon, allow the jury to return a verdict, and thereafter rule on the motion. Mabrey v. Carnival Cruise Lines, 438 So. 2d 937 (Fla. 3d DCA 1983); Dysart v. Hunt, 383 So. 2d 259 (Fla. 3d DCA 1980); Freeman v. Rubin, 318 So. 2d 540 (Fla. 3d DCA 1975); Ditlow v. Kaplan, 181 So. 2d 226 (Fla. 3d DCA 1965). Cf. Ed Ricke & Sons, Inc. v. Green, 468 So. 2d 908 (Fla.1985) (approving of reserving ruling on motion for mistrial until after jury returns verdict in order to save time and cost of new trial). Had this approved practice been followed in the present case, our reversal of the trial judge’s ruling would have resulted in a reinstatement of a jury verdict rather than a remand for a costly, time-consuming, and wholly unnecessary new trial.
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Perlman v. The Prudential Ins. Co. OF Am., Inc., 686 So. 2d 1378 (Fla. 3d DCA 1997)…iability and compensatory damages against the three defendants, and punitive damages against Spalding and the P.A. Reversed and remanded with directions. . He did not claim that relief against Prudential. . But see Gutierrez v. L. Plumbing, Inc., 516 So. 2d 87 (Fla. 3d DCA 1987); Dysart v. Hunt, 383 So. 2d 259 (Fla. 3d DCA 1980), review denied, 392 So. 2d 1373 (Fla.1980); Freeman v. Rubin, 318 So. 2d 540 (Fla. 3d DCA 1975); Ditlow v. Kaplan, 181 So. 2d 226 (Fla. 3d DCA 1965), holding that, in such a situa…
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United Servs. Auto. Ass'n v. REY, 313 So. 3d 698 (Fla. 2d DCA 2020)…to wait until the jury renders a verdict, regardless of what stage the trial is in at the time the motion is made, since the jury's action may moot the motion. Ricks v. Loyola, 822 So. 2d 502, 506 (Fla. 2002) (quoting Gutierrez v. L. Plumbing, Inc., 516 So. 2d 87, 88 n.2 (Fla. 3d DCA 1987)).…
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The Florida Bar v. Brooke Lynnette Girley & The Fla. Bar v. Jerry Girley, 417 So. 3d 230 (Fla. 2025)…directed verdict to reserve ruling, allow the jury to return a verdict, and thereafter rule on the motion for directed verdict in order to avoid the need for a costly new trial in case of a reversal on appeal (citing Gutierrez v. L. Plumbing, Inc., 516 So. 2d 87, 88 n.2 (Fla. 3d DCA 1987))). - 4 - ---PAGE 4--- Weiss with the message that “a white judge stole justice from a black doctor." In the days following the trial, Brooke made several comments on social media regarding Judge Weiss and the Rop case,…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- ED Ricke & Sons, Inc. v. Green, 468 So. 2d 908 (Fla. 1985)
- Dysart v. Hunt, 383 So. 2d 259 (Fla. 3d DCA 1980)
- Rochelle Ditlow and her husband v. Kaplan, 181 So. 2d 226 (Fla. 3d DCA 1965)
- Starr Freeman v. Ellis Rubin, 318 So. 2d 540 (Fla. 3d DCA 1975)
- Mabrey v. Carnival Cruise Lines, Inc., 438 So. 2d 937 (Fla. 3d DCA 1983)