HomeMy WebLinkAbout1569 IN TH~S CIRCutT COURT OF THE 19TH
JUDICIAL CIRCUIT IN AND FOR ST.
LUCIB COUNTY, FLORIDA
CASE NO. 73-449-CA
WILLIAM P. ALLMAN, )
Plaintiff, )
vs-
)
WINN-DIXIE STORES, INC.,
a corporation suthorized to )
do business in the State
of Flor ida, )
Defendant. ~
)
ORDER DENYING DEFSNDANT'S MOTION TO SET ASIDE VERDICT AND
~ FOR JUDt'MENT NON OBSTANTE VERDICTO
The Defendant, WINN-DIXIE STORES, INC., has moved the Court
to set aside the Final Judgment rendered herein and to enter ~
Judgment Non Obstante Verdicto in its favor on the grounds that
there is no competent evidence to support the Jtidgment.
The Defendant relies on-the case of Kroner v. Food Fair
Stores, Inc., 184 So.2d 909 (1966), which holds that the Plaintiff
failed to establish negligence.where she could only show that the
cart over which she tripped was on the floor of the store a period
i of five to ten minutes. The object over which Mrs. Kroner tripped
i
; was not a part of the usual equipment of the store and had no con-
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` nection with the operation of the Store.
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The facts upon which the Court found negligence against
WINN-DIXIE STORES, INC. in this case are substantially different.
Mr. Allman slipped and was injured as a result of spilled fluid on
the floor from a broken bottle. The Court found that this condition
had existed on the floor at least five minutes before Mr. Allman fell.
There is no evidence to show that the Defendant caused the bottle to
~ break, but the sound of the breaking bottle was heard by the store
~ manager. He took no immediate action to remedy the dangerous situation
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~ which resulted from the broken bottle. By his own testimony, he con-
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tinued with his normal duties for two or three minutes before he -
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- $o~ ~ ~ i569 -
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