Morton v. Insurance Company of North America, 73--1310
| Decision Date | 23 July 1974 |
| Docket Number | No. 73--1310,73--1310 |
| Citation | 297 So.2d 602 |
| Parties | Desmond K. MORTON, Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, a corporation, and Crystal Springs Water Company, a Florida corporation, Appellees. |
| Court | Florida District Court of Appeals |
Appeal from Circuit Court, Dade County; Thomas E. Lee, Judge.
Dick & Loewenthal, Miami, and S. Melvin Apotheker, North Miami Beach, for appellant.
Papy, Levy, Carruthers & Poole, and James S. Usich, Miami Beach, for appellees.
Before HENDRY and HAVERFIELD, JJ., and SMITH, SAMUEL, Associate Judge.
This appeal questions the correctness of the granting of the defendants' motion for a directed verdict after the plaintiff has presented all of his evidence to the court and jury hearing on the question whether the defendants were liable for the injuries sustained by plaintiff when a five gallon water bottle broke while being handled by plaintiff.
We have carefully considered the points on appeal in the light of the record, briefs and arguments of counsel and have concluded that no reversible error has been demonstrated. The plaintiff's evidence as a whole with all reasonable inferences from it does not as a matter of law tend to prove the allegations of his complaint. The trial court was correct in granting the motion for directed verdict and in entering final judgment.
Affirmed.
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E.A. Law & Co. v. Provende, Inc., s. 84-742
...744 (Fla. 3d DCA 1983); Akeley v. Morgan, 332 So.2d 647 (Fla. 3d DCA 1976); Fla.R.Civ.P. 1.510(c).2 See Morton v. Insurance Co. of North America, 297 So.2d 602, 603 (Fla. 3d DCA 1974); Citizens National Bank of Orlando v. Youngblood, 296 So.2d 92, 94 (Fla. 4th DCA 1974).3 See Costa Bella De......
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...in negligence required the trial court to direct the verdict in favor of the defendant. See e. g.: Morton v. Insurance Company of North America, 297 So.2d 602, 603 (Fla. 3d DCA 1974); Citizens National Bank of Orlando v. Youngblood, 296 So.2d 92, 94 (Fla. 4th DCA The only evidence concernin......