SCHOOL BOARD OF BROWARD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,
v.
GARY BEHARRIE, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The School Board of Broward County appealed a jury verdict awarding damages to a high school soccer player injured during a game. The Fourth District reversed, holding that the plaintiff improperly stacked inferences upon inferences to establish that the opposing coach's instructions to "take him" and "waste him" caused the player who fouled him to act, resulting in the injury.
The court reversed and remanded, holding that the plaintiff improperly stacked one inference upon another. While it could be inferred that the coach yelled the instructions, it could not be inferred to the exclusion of all other reasonable inferences that the fouling player heard those instructions, and therefore it could not be properly inferred that the player acted upon them.
[1] A fact in a civil case may be established by circumstantial evidence, but a further inference cannot be constructed upon an initial inference unless the basic inference i…
[2] A jury verdict in a personal injury claim may be reversed and remanded if the judgment is based on improper stacking of inferences.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“if a party to a civil action depends upon the inferences to be drawn from circumstantial evidence as proof of one fact, it cannot construct a further inference upon the initial inference in order to establish a further fact unless it can be found that the original, basic inference was established to the exclusion of all other reasonable inferences.”
States the controlling legal rule prohibiting stacking of inferences upon inferences in civil cases.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA high school soccer player (Beharrie) was injured when fouled by an opposing player during a game. Before the foul, the opposing team's coach yelled …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Inference Upon Inference Rule cases and more on FLexlaw
PER CURIAM.
This appeal is from a final judgment following a substantial jury verdict in the second trial of a personal injury claim made by a high school soccer player against the School Board of Broward County. We reverse and remand with direction to enter judgment for appellant.
The basis for the claim was a legitimate one; namely, negligent supervision. Even though appellant contends the cause of action fails because the supervisor was the coach of the opposing team, the distinction here is without a difference as the coach increased the risk of injury. See Nydegger v. Don Bosco Preparatory High School, 202 N.J.Super. 535, 495 A. 2d 485 (Law Div.1985); Schiffman v. Spring, 202 A.D.2d 1007, 609 N.Y.S.2d 482 (1994); Brown v. Day, 68 Ohio App.3d 447, 588 N.E. 2d 973 (1990).
The basis for the reversal is the improper stacking of an inference upon an inference. As this court said in Publix Super Markets, Inc. v. Schmidt, 509 So. 2d 977 (Fla. 4th DCA 1987):
In Nielsen v. City of Sarasota, 117 So. 2d 731, (Fla.1960), the supreme court summarized:
In recent years we have several times undertaken a discussion of the rules applicable to circumstantial evidence and justifiable inferences therefrom in civil actions, as distinguished from criminal cases_ The sum of all of these opinions is that in a civil case, a fact may be established by circumstantial evidence as effectively and as conclusively as it may be proved by direct positive evidence. The limitation on the rule simply is that if a party to a civil action depends upon the inferences to be drawn from circumstantial evidence as proof of one fact, it cannot construct a further inference upon the initial inference in order to establish a further fact unless it can be found that the original, basic inference was established to the exclusion of all other reasonable inferences.
Publix, 509 So. 2d at 978 (emphasis added); see also Voelker v. Combined Ins. Co., 73 So. 2d 403, 407 (Fla.1954); Barcello v. Rubin, 578 So. 2d 58, 59 (Fla. 4th DCA), rev. denied, 589 So. 2d 292 (Fla.1991), overruled on other grounds by Bulldog Leasing Co. v. Curtis, 630 So. 2d 1060 (Fla.1994).
In this case we have an uncontradicted fact that an opposing player fouled appellee. It is equally uneontradicted that before the foul, the opposing coach yelled out to the guilty player to “take him” and to “waste him.” Unfortunately for the injured player, our careful review of the record leads us to conclude that it cannot be inferred — to the exclusion of all other reasonable inferences— that the guilty player heard what his coach yelled so that it then could be properly inferred that the player acted upon what he heal’d with the resulting injury to appellee.
We know a linesman heard it several yards from the coach; and that the injured player heard it. The fouling player denied hearing it as did another player who collided with appellee immediately after the fouling player kicked appellee.
This was not a situation in which everyone is focused on the speaker. The sheriff was not addressing the waiting posse to “go get him.” It was a high school soccer game with fans yelling from the stands and some noise on the field. The ball was in play and the players’ focus cannot be said, with certainty, to be upon what the coach was shouting.
Because of our conclusion, it is unnecessary, at this time, to write upon the remaining issues.
GUNTHER, C.J., and GLICKSTEIN, J., concur. DELL, J., dissents without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
The Est. OF Naomi Githens v. BON Secours-Maria Manor Nursing Care Ctr., Inc., 928 So. 2d 1272 (Fla. 2d DCA 2006)…nference upon the initial inference in order to establish a further fact unless it can be found that the original, basic inference was established to the exclusion of all other reasonable inferences. See also Sch. Bd. of Broward County v. Beharrie, 695 So. 2d 437 (Fla. 4th DCA 1997) (recognizing the rule in Nielsen and reversing, based on the improper stacking of inferences, a final judgment after jury trial). In discussing reasonable inferences, the supreme court has stated that “[w]e cannot overemphasize o…
-
Duval Cnty. Sch. Bd. ("School Board") v. Buchanan, 131 So. 3d 821 (Fla. 1st DCA 2014)…ty. We affirm on the first issue, finding the trial court did not abuse its discretion in excluding the contested evidence, which was attenuated and amounted to no more than improperly stacked inferences. See School Bd. of Broward Cnty. v. Beharrie, 695 So. 2d 437, 439 (Fla. 4th DCA 1997). [*822] On the second issue, we likewise affirm, but explain in more detail why. On March 5, 2008, Terry, a sixth grader at a local middle school, physically attacked Buchanan, who suffered a broken leg as a result. Terry —…
Authorities Cited
- Voelker v. Combined Ins. Co. of Am., 73 So. 2d 403 (Fla. 1954)
- Dade Cnty. Port Auth. & Bituminous Cas. Corp. v. Keller, 117 So. 2d 731 (Fla. 1960)
- Nielsen v. City OF Sarasota, 117 So. 2d 731 (Fla. 1960)
- Isaac v. State, 509 So. 2d 977 (Fla. 1st DCA 1987)
- Bulldog Leasing Co., Inc. v. Curtis, 630 So. 2d 1060 (Fla. 1994)
- Mirta N. Barcello v. Rubin, 578 So. 2d 58 (Fla. 4th DCA 1991)