EVERETT BILLMAN, APPELLANT,
v.
NATIONAL MERCHANDISE CO., INC., A FLORIDA CORPORATION AND NOVA PRODUCTS, INC., A CORPORATION, APPELLEES

Fla. 1st DCA | 1975-04-21
No. W-252
RAWLS, C. J., and McCORD, J., concur.
311 So. 2d 403 Florida District Court of Appeal, First District (1975) Positive Treatment
Cited by 4 cases
Topics
Question Of Fact Comparative Negligence Contributory Negligence Jury Instructions

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Opinion of the Court
JOHNSON, Judge.

JOHNSON, Judge.

The appeal in this case contends that the trial court was in error in charging the jury on contributory negligence and comparative negligence resulting in the reduction of the jury verdict for damages.

Appellant contends that there were no facts from which the trial court could have found contributory negligence on the part of the plaintiff-appellant, and therefore it was error to even charge on the question.

We find from the record, however, that there were some discrepancies in the testimonies of the parties as to whether the boat in question slipped, or at least did not exactly smoothly slide, into the water. There was enough question of fact to constitute a jury question. We think the trial court gave the correct instruction in keeping with the facts. We shall not substitute our judgment for that of the jury when it is clear that there is sufficient, competent evidence to support the jury verdict.

Affirmed.

RAWLS, C. J., and McCORD, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Jones v. Airport Rent-A-Car, Inc., 342 So. 2d 104 (Fla. 3d DCA 1977)
    …DCA 1967). In that the jury rendered its verdict based upon competent substantial evidence, no abuse of discretion has been shown on the part of the trial judge in denying appellant’s motion for new trial. Billman v. National Merchandise Co., Inc., 311 So. 2d 403 (Fla.1st DCA 1975); Jennings v. City of Winter Park, 250 So. 2d 900 (Fla.4th DCA 1971). The only other contention of appellant that need be discussed is that the trial judge committed reversible error in failing to allow appellant to use appellee-K…
  • Billman v. Nova Prods., Inc., 328 So. 2d 244 (Fla. 1st DCA 1976)
    …,000.00, and rendered a judgment for the retailer in the same amount. The plaintiff appealed his judgment to this [*246] court, and the manufacturer actively participated in the appeal. The judgment was affirmed. Billman v. National Merchandise Co., 311 So. 2d 403 (Fla.App. 1st, 1975). Following the above action, the plaintiff refused to accept satisfaction of his judgment against the retailer, and sued the manufacturer. This suit was based on the same theory, raised the same issues, and sought the same dama…

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