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Meus v. Eagle Family Discount Stores, Inc.

Citations: 499 So. 2d 842; 12 Fla. L. Weekly 142; 1986 Fla. App. LEXIS 11144Docket: No. 85-2701

Court: District Court of Appeal of Florida; December 29, 1986; Florida; State Appellate Court

Narrative Opinion Summary

Before the plaintiffs could fully present their case regarding the defendant’s liability, the defendant requested a directed verdict in its favor. The plaintiffs indicated their intention to call their young son as a witness, whose testimony suggested that his mother slipped and fell on water that he had observed on the floor of the defendant’s store shortly before the incident. This testimony raised a question for the jury concerning the defendant's liability, specifically whether the hazardous condition had existed long enough for the store owner to be aware of it. Despite this, the trial court directed a verdict in favor of the defendant, implicitly rejecting the son's testimony. This action was deemed erroneous, leading to the reversal of the decision and a remand for a new trial.

Legal Issues Addressed

Admissibility of Witness Testimony

Application: Testimony from the plaintiffs' young son was sufficient to raise a question for the jury concerning the defendant's liability, which the trial court failed to consider appropriately.

Reasoning: The plaintiffs indicated their intention to call their young son as a witness, whose testimony suggested that his mother slipped and fell on water that he had observed on the floor of the defendant’s store shortly before the incident.

Directed Verdict Standards

Application: The court's decision to direct a verdict prematurely, without allowing the plaintiffs to fully present their case, was deemed erroneous.

Reasoning: Before the plaintiffs could fully present their case regarding the defendant’s liability, the defendant requested a directed verdict in its favor.

Existence of Hazardous Condition and Liability

Application: The case raised an issue of whether the defendant had constructive notice of a hazardous condition, which should have been assessed by the jury.

Reasoning: This testimony raised a question for the jury concerning the defendant's liability, specifically whether the hazardous condition had existed long enough for the store owner to be aware of it.

Reversal of Directed Verdict

Application: The appellate court found that the trial court erred in directing a verdict for the defendant, necessitating a reversal and remand for a new trial.

Reasoning: Despite this, the trial court directed a verdict in favor of the defendant, implicitly rejecting the son's testimony. This action was deemed erroneous, leading to the reversal of the decision and a remand for a new trial.