ANNA LEHRER, APPELLANT,
v.
THE FONTAINEBLEU HOTEL CORP., A FLORIDA CORPORATION, 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.
Appellant Lehrer sued Fontainebleau Hotel for personal injuries from a fall in the hotel restaurant. After a jury verdict in plaintiff's favor, the trial court granted defendant's deferred motion for directed verdict. The appellate court reversed, holding that the evidence was sufficient to support the jury's verdict and that judgment should be entered on that verdict.
The trial court erred in granting the deferred motion for directed verdict. The evidence was sufficient to be submitted to the jury, and the appellate court must review such motions under the standard that directed verdict should not be granted unless no evidence could in law support a verdict for the plaintiff. The jury's verdict should be reinstated and judgment entered thereon.
[1] A deferred motion for a directed verdict, on which the court reserved ruling before submitting the case to the jury, must be granted only if there is no evidence that cou…
[2] When reviewing a judgment for the defendant based on a directed verdict, an appellate court must consider the evidence in the light most favorable to the plaintiff, disre…
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“the motion should not be granted unless it is clear that there is no evidence whatever adduced that could in law support a verdict of the plaintiff”
Establishes the standard for evaluating a motion for directed verdict
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant Lehrer fell in a restaurant at the defendant-appellee Fontainebleau Hotel and filed a personal injury action. The case was tried on issues o…
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 Directed Verdict Standard cases and more on FLexlaw
PER CURIAM.
Appellant filed an action for personal injuries received when she fell in a restaurant of the defendant-appellee. The case was tried on issues of negligence and contributory negligence. The defendant moved for directed verdict at the close of the evidence. The court reserved ruling and the case went to the jury, which returned a verdict for the plaintiff. Thereafter the court granted defendant’s deferred motion for directed verdict, and entered judgment for defendant. The plaintiff appealed.
The rule controlling the trial court’s consideration of the defendant’s motion for directed verdict, that the motion should not be granted unless it is clear that there is no evidence whatever adduced that could in law support a verdict of the plaintiff,1 is applicable upon consideration by the court, after verdict, of a deferred motion for directed verdict, where ruling on a motion therefor made prior to verdict has been reserved and the jury has rendered a verdict for the plaintiff.2 Likewise, on reviewing a judgment for the defendant based on such a directed verdict the appellate court is required to observe the settled rule that it should consider the testimony adduced in the cause in the light most favorable to the plaintiff, disregard ing conflicts in the evidence and indulging in plaintiff’s favor every reasonable in-tendment deducible from the evidence.3
Upon so considering the evidence presented, we hold that it was proper for the case to be submitted to the jury for determination of the issues involved. Accordingly the judgment is reversed, and the cause is remanded with direction to reinstate the verdict for the plaintiff, and enter judgment thereon.
. Chambers v. Loftin, Fla.1953, 67 So. 2d 220, 221; Mullis v. City of Miami, Fla.1952, 60 So. 2d 174; Cadore v. Karp, Fla.1957, 91 So. 2d 806; Paikin v. Beach Cabs, Inc., Fla. App.1966, 187 So. 2d 93, 94; Guerriero v. Adams, Fla.App.1966, 190 So. 2d 432.
. Whitman v. Red Top Sedan Services, Inc., FIa.App.1969, 218 So. 2d 213, 215.
. Rodi v. Florida Greyhound Lines, Fla.1953, 62 So. 2d 355, 356; Hardware Mutual Casualty Co. v. Tampa Electric Co., Fla.1952, 60 So. 2d 179, 40 A.L.R.2d 1293; Brightwell v. Beem, Fla.1956, 90 So. 2d 320, 322; Guhman v. Florida Power & Light Company, Fla.App.1962, 139 So. 2d 749, 750.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Balart v. Michel's Kartway, Inc., 364 So. 2d 90 (Fla. 3d DCA 1978)…r adduced that could in law support a verdict for the plaintiffs. Chambers v. Loftin, 67 So. 2d 220, 221 (Fla.1953); Cadore v. Karp, 91 So. 2d 806 (Fla.1957); Guerriero v. Adams, 190 So. 2d 432 (Fla. 3d DCA 1966); Lehrer v. Fontainebleu Hotel Corp., 285 So. 2d 636 (Fla. 3d DCA 1973). On appeal, in considering the propriety of the directed verdict for the defendant this court is' required to evaluate the evidence in the light most favorable to the plaintiffs, disregarding conflicts in the evidence and indulgin…
-
The Fontainebleau Hotel Corp. v. Lehrer, 294 So. 2d 90 (Fla. 1974)…Certiorari denied. 285 So. 2d 636. ADKINS, C. J., and ERVIN, BOYD, McCAIN and DEKLE, JJ., concur.…
Authorities Cited (11 total)
- Brightwell v. Melville J. Beem and Glea Beem, 90 So. 2d 320 (Fla. 1956)
- Chambers v. Loftin, 67 So. 2d 220 (Fla. 1953)
- Mullis v. City of Miami, 60 So.2d 174 (Fla. 1952)
- Rodi v. Fla. Greyhound Lines, Inc., 62 So. 2d 355 (Fla. 1952)
- Hardware Mut. Cas. Co. v. Tampa Elec. Co., 60 So.2d 179 (Fla. 1952)
- Whitman v. RED TOP Sedan Serv., Inc., 218 So. 2d 213 (Fla. 3d DCA 1969)
- McCRORY v. Kelly, 91 So. 2d 806 (Fla. 1956)
- Cadore v. Karp, 91 So. 2d 806 (Fla. 1957)
- Esta Paikin v. Beach Cabs, Inc., 187 So. 2d 93 (Fla. 3d DCA 1966)
- Guerriero v. Adams, 190 So. 2d 432 (Fla. 3d DCA 1966)