Pritchett v. Jacksonville Auction, Inc., AS-154

Citation449 So.2d 364
Decision Date13 April 1984
Docket NumberNo. AS-154,AS-154
PartiesTonya PRITCHETT, Appellant, v. JACKSONVILLE AUCTION, INC., Julie Rose Trofatter, The Morrison Assurance Co., Inc., Appellees.
CourtCourt of Appeal of Florida (US)

Henry E. Davis of Washington, Monroe, Davis & Buggs, Jacksonville, for appellant.

Martin J. Mickler and Glenn E. Cohen of Bullock, Sharp, Childs, Mickler & Cohen, P.A., Jacksonville, for appellees.

ERVIN, Chief Judge.

Appellant Pritchett seeks review of a directed verdict entered in favor of appellees in a personal injury suit for damages against the driver of a vehicle, the vehicle's owner and its insurer. Pritchett contends that the question of whether Trofatter the driver backed the vehicle over her without reasonable regard for her safety was a question for the jury to consider after reviewing all of the circumstances and inferences drawn from the evidence. We agree and reverse.

On the evening of September 6, 1980, after consuming four or five drinks during a one-and-one-half to three-hour period at the Panama Bar and Lounge (bar) in Jacksonville, Pritchett walked out the front door of the bar and toward the parking lot. Elizabeth Tibbattes, who had been sitting next to Pritchett in the bar, observed that she had appeared to be intoxicated due to her slurred speech and difficulty in walking, and, becoming concerned for her safety, followed her outside. As Tibbattes stood at the front corner of the bar, she first saw Pritchett lie down in the parking lot, then stand up, take a couple of steps, and fall down less than five feet behind and a little to the right side of a white pickup truck. Pritchett next attempted unsuccessfully to stand up, but again fell back down. Meanwhile, Trofatter left the bar from the same door as had Pritchett and Tibbattes, approached the parking lot from the same corner of the bar where Tibbattes was standing, entered the pickup truck from the driver's side, and, turning in her seat while backing the vehicle and seeing no one, backed the truck over appellant, causing her shoulder and hip injuries.

Trofatter testified that she never at any time saw Pritchett lying in the parking lot. Tibbattes, on the other hand, stated that Pritchett's body was visible to her from the corner of the building where she was standing, and the evidence reasonably infers that Trofatter could or should have been able to see Pritchett as she left the bar in close proximity to where Tibbattes was standing.

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8 cases
  • Keene v. Chicago Bridge and Iron Co., 89-2542
    • United States
    • Florida District Court of Appeals
    • February 18, 1992
    ...light most favorable to the plaintiff Keene. E.g., Teare v. Local Union No. 295, 98 So.2d 79 (Fla.1957); Pritchett v. Jacksonville Auction, Inc., 449 So.2d 364 (Fla. 1st DCA 1984); Gray v. Break, 440 So.2d 1297 (Fla. 5th DCA On October 1, 1985, Keene was working for a company named Ceilcote......
  • Auto-Owners Ins. Co. v. Hooks, AUTO-OWNERS
    • United States
    • Florida District Court of Appeals
    • February 7, 1985
    ...such damages in favor of appellees. Dania Jai-Alai Palace, Inc. v. Sykes, 450 So.2d 1114, 1121 (Fla.1984); Pritchett v. Jacksonville Auction, Inc., 449 So.2d 364 (Fla. 1st DCA 1984). Judged by the foregoing standards, we conclude that Auto-Owners' motion for directed verdict on the issue of......
  • Tinwood N.V. v. Sun Banks, Inc., 89-2281
    • United States
    • Florida District Court of Appeals
    • November 8, 1990
    ...and if there is any evidence to support a possible verdict for such party, a directed verdict is improper. Pritchett v. Jacksonville Auction, Inc., 449 So.2d 364 (Fla. 1st DCA 1984); Howarth v. Moreau, 430 So.2d 576 (Fla. 5th DCA 1983). Stated otherwise, a directed verdict is proper where t......
  • Scott v. TPI Restaurants, Inc.
    • United States
    • Florida District Court of Appeals
    • November 9, 2001
    ...only be entered if the plaintiff could not recover under any reasonable view of the evidence.") (citing Pritchett v. Jacksonville Auction, Inc., 449 So.2d 364 (Fla. 1st DCA 1984)); Thor When considering a motion for directed verdict, the trial court is required to evaluate the evidence in t......
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