Fast Laundry II v. Gray, 3D02-2581.

Decision Date12 November 2003
Docket NumberNo. 3D02-2581.,3D02-2581.
Citation861 So.2d 81
PartiesFAST LAUNDRY II, Appellant, v. Richard V. GRAY, as Personal Representative of the Estate of Gregoria Palomares, Appellee.
CourtFlorida District Court of Appeals

Luis E. Ordonez, and Frances F. Guasch, for appellant.

Goldfarb, Gold, Gonzalez & Wald, and Estrella F. Gonzalez, Miami; and Barbara Green, Hayward, for appellee.

Before LEVY, GERSTEN and RAMIREZ, JJ.

PER CURIAM.

Fast Laundry II ("Fast Laundry"), appeals the granting of appellee, Gregoria Palomares' ("plaintiff") motion for judgment notwithstanding the verdict ("JNOV"). The plaintiff cross-appeals a jury instruction on a Fabre defense. See Fabre v. Marin, 623 So.2d 1182 (Fla. 1993). We reverse with directions to reinstate the jury's verdict and affirm the cross-appeal.

The plaintiff sued Fast Laundry in a premise liability action to recover damages for injuries sustained when plaintiff slipped and fell as she entered Fast Laundry's laundromat. Plaintiff alleged that Fast Laundry negligently maintained the premises and failed to warn of or mark the area of the step-down. Fast Laundry was permitted to identify Fabre defendants including the landlord/owner and the contractor.

The jury awarded plaintiff $200,000.00, finding Fast Laundry 20% at fault, and the landlord/owner and contractor, both 40% at fault. Plaintiff then moved for a JNOV on the issue of the non-parties comparative fault. The trial court, thereafter, granted the JNOV and apportioned 100% fault on Fast Laundry. Fast Laundry contends that the trial court erred in granting the plaintiff's motion for JNOV. We agree.

The party seeking a JNOV admits all material facts as attested by his adversary and all inferences that reasonably might be drawn from the evidence as a whole. See Deese v. White Belt Dairy Farms, Inc., 160 So.2d 543 (Fla. 2d DCA 1964). Trial courts may grant motions for JNOV only when there is no evidence or inferences which may support the opposing party's position. See Stirling v. Sapp, 229 So.2d 850 (Fla.1969); United Farm Agency of Florida, Inc., v. DKLS, Inc., 560 So.2d 1212 (Fla. 3d DCA 1990).

A review of the record shows that the evidence and inferences, when viewed in the light most favorable to Fast Laundry, support the jury's verdict. See United Farm, 560 So.2d at 1213. Accordingly, we reverse and remand with instructions to vacate the JNOV and reinstate the jury's verdict. We affirm the cross appeal, finding the trial court did not err in...

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4 cases
  • Speedway Superamerica, LLC v. Dupont
    • United States
    • Florida District Court of Appeals
    • May 26, 2006
    ...KSL Hotel Corp., 887 So.2d 372 (Fla. 3d DCA 2004); Natson v. Eckerd Corp., Inc., 885 So.2d 945 (Fla. 4th DCA 2004); Fast Laundry II v. Gray, 861 So.2d 81 (Fla. 3d DCA 2003); Jackson County Hospital Corp., v. Aldrich, 835 So.2d 318 (Fla. 1st DCA 2002); Cecile Resort, Ltd. v. Hokanson, 729 So......
  • Melgen v. Suarez
    • United States
    • Florida District Court of Appeals
    • February 21, 2007
    ...for JNOV may be granted only when there is no evidence or inferences to support the opposing party's position. Fast Laundry II v. Gray, 861 So.2d 81, 82 (Fla. 3d DCA 2003); Collazos v. City of W. Miami, 683 So.2d 1161, 1164 (Fla. 3d DCA A review of the record in this instance demonstrates t......
  • McQueen v. Jersani, 5D04-3648.
    • United States
    • Florida District Court of Appeals
    • August 26, 2005
    ...only in situations where there is no evidence upon which a jury could rely in finding for the non-movant. Id.; Fast Laundry II v. Gray, 861 So.2d 81 (Fla. 3d DCA 2003). Virginia argues that viewing the evidence in a light most favorable to her and resolving all conflicts in her favor establ......
  • Citizens Prop. Ins. Corp. v. Hernandez
    • United States
    • Florida District Court of Appeals
    • April 12, 2023
    ... ... party's position." Fast Laundry II v. Gray, ... 861 So.2d 81, 82 (Fla. 3d DCA 2003) ... ...

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