CLYDE R. POOLE AND CYNTHIA L. POOLE, APPELLANTS,
v.
C.F. INDUSTRIES, INC., APPELLEE

Fla. 2d DCA | 1992-08-28
No. 91-00715
SCHOONOVER, A.C.J., and BLUE, J., concur.
605 So. 2d 492 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 29 cases
Topics
Duty Of Care Proximate Cause Negligence

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Opinion of the Court
ROBERTS, SUSAN W., Associate Judge.

ROBERTS, SUSAN W., Associate Judge.

In this negligence action the plaintiff, Clyde Poole, sued the defendant, C.F. Industries, to recover for injuries Poole sustained when his employer was engaged to paint some pipes in a C.F. Industries’ phosphate plant. Some of the pipes carried sulfuric or phosphoric acid; others carried water. Poole observed some corroded pipes before he began painting. Then, during the course of his work on a scaffold some thirteen to fifteen feet in the air, he felt something warm and wet on his back. Fearing that it might be acid, he jumped and suffered injuries.

The trial court was persuaded to accept the defendant’s contention that there was no negligence and granted a directed verdict in its behalf.

We have examined the record in its entirety and have concluded that there was some evidence of negligence on the part of the defendant. Accordingly, granting of the directed verdict was error, see Bodden Coin-Op Laundry, Inc. v. Brandychase Condominium Ass’n, Inc., 557 So. 2d 663 (Fla. 2d DCA 1990), and we reverse.

Reversed and remanded for new trial.

SCHOONOVER, A.C.J., and BLUE, J., concur.

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  • Carlton A. Francis v. State, 808 So. 2d 110 (Fla. 2001)
    …stead told jurors to rely on their own memory, did not abuse his broad discretion). Courts have consistently found no abuse of discretion in denial of a jury’s request for a read back when doing so would not be practical. See, e.g., Miller v. State, 605 So. 2d 492, 495 (Fla. 3d DCA 1992) (finding no abuse of discretion where court reporter did not have her notes with her); DeCastro v. State, 360 So. 2d 474 (Fla. 3d DCA 1978) (finding no abuse of discretion where it was not practical because testimony was exte…
  • Davis v. State, 691 So. 2d 1180 (Fla. 3d DCA 1997)
    …with such a reason, specifically, that Ms. Pittman had been previously arrested and that a close relative had also been arrested. Allen v. State, 643 So. 2d 87 (Fla. 3d DCA 1994); Aikens v. State, 609 So. 2d 764 (Fla. 3d DCA 1992); Miller v. State, 605 So. 2d 492 (Fla. 3d DCA 1992); Files v. State, 586 So. 2d 352 (Fla. 1st DCA 1991). Step 2 was also satisfied. The defendant argues that because the court did [*1183] not then articulate specific findings of genuineness, Melbourne mandates reversal. It is impo…
  • Betancourt v. State, 650 So. 2d 1021 (Fla. 3d DCA 1995)
    …ker about case and status as crime victim); Aikens v. State, 609 So. 2d 764 (Fla. 3d DCA 1992) (upholding state’s peremptory challenge of black venire-person on grounds that a close relative had been charged with a similar offense); Miller v. State, 605 So. 2d 492 (Fla. 3d DCA 1992) (upholding state’s peremptory challenge of black venireperson who had been personally charged with a crime), review denied, 613 So. 2d 7 (Fla.1993); Rose v. State, 492 So. 2d 1353 (Fla. 5th DCA 1986) (upholding state’s peremptory…

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