Thompson v. Jacobs, No. U--435

CourtCourt of Appeal of Florida (US)
Writing for the CourtBOYER; RAWLS, C.J., and McCORD
Citation314 So.2d 797
PartiesErma THOMPSON, as Guardian of the property of Andrea Nanette Thompson, a minor, Appellant, v. Hazel S. JACOBS and American Liberty Insurance Company, a corporation, Appellees.
Decision Date20 March 1975
Docket NumberNo. U--435

Page 797

314 So.2d 797
Erma THOMPSON, as Guardian of the property of Andrea Nanette Thompson, a minor, Appellant,
v.
Hazel S. JACOBS and American Liberty Insurance Company, a corporation, Appellees.
No. U--435.
District Court of Appeal of Florida, First District.
March 20, 1975.

Page 798

William C. Gentry, of Bedell, Bedell, Dittmar, Smith & Zehmer, Jacksonville, for appellant.

Carle A. Felton, Jr., of Boyd, Jenerette, Leemis & Staas, Jacksonville, for appellees.

BOYER, Judge.

This appeal is from a final judgment entered on a verdict of the jury in which the jury found for the defendant in a personal injury action wherein the comparative negligence doctrine was applied. There is no issue before us relative to the propriety of application of the comparative negligence

Page 799

doctrine nor as to the propriety of the instructions to the jury. The sole issue is whether, under the evidence adduced, reasonable people could have found the defendant, appellee Jacobs, 1 free of negligence proximately causing or contributing to the causing of the accident resulting in the injuries sustained by the minor Andrea Nanette Thompson.

The entire record on appeal has been carefully read and considered. The evidence on several material issues is conflicting as are the inferences to be drawn therefrom. The criteria by which the verdict of a jury must be reviewed is whether there was sufficient competent evidence before the jury from whence the several jurors, as reasonable people, could have reached the findings of fact inherent in the verdict. (Vanzant v. Davies, Fla.App.1st 1968, 215 So.2d 504) Our examination of the record in the case sub judice reveals that there was.

Application of the comparative negligence doctrine does not alter the time honored presumption of correctness by which a jury verdict is reviewed; nor does the application of that doctrine require a verdict favorable to every plaintiff who weathers a motion for a directed verdict at the close of the evidence.

The burden is upon the appellant to demonstrate that error was committed at the trial and absent that showing the judgment entered on a verdict of the jury may not be disturbed on appeal. (Greiper v. Coburn, Sup.Ct.Fla.1939, 139 Fla. 293, 190 So. 902) A party seeking to have set aside a jury verdict thereby admits, for the purposes of that particular proceeding, all material facts as testified to by the opposing party together with all inferences favorable to the opposing party...

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18 practice notes
  • Commodore Plaza at Century 21 Condominium Ass'n, Inc. v. Cohen, Nos. 76-767
    • United States
    • Court of Appeal of Florida (US)
    • September 20, 1977
    ...not disturb that verdict. South American Fire Insurance Company v. Maxwell, 274 So.2d 579 (Fla. 3rd D.C.A. 1973); Thompson v. Jacobs, 314 So.2d 797 (Fla. 1st D.C.A. 1975). Furthermore, in reviewing the record before us we find that the trial judge at pre-trial conference, held February 27, ......
  • Scandinavian World Cruises (Bahamas), Ltd. v. Cronin, No. 85-2870
    • United States
    • Court of Appeal of Florida (US)
    • July 14, 1987
    ...error has been demonstrated. See Kent Ins. Co. v. Hill, 442 So.2d 288 (Fla. 3d DCA 1983); Dent, 404 So.2d at 1123; Thompson v. Jacobs, 314 So.2d 797 (Fla. 1st DCA Affirmed. --------------- 1 Plaintiff's orthopedic surgeon, Dr. Martin McTighe, testified that within a reasonable degree of med......
  • Tobin v. Alfieri Maserati, S.P.A., No. 86-2084
    • United States
    • Court of Appeal of Florida (US)
    • September 8, 1987
    ...competent evidence; see Groth Air Serv., Inc. v. Florida Freight Terminal, Inc., 489 So.2d 785 (Fla. 3d DCA 1986); Thompson v. Jacobs, 314 So.2d 797, 799-800 (Fla. 1st DCA 1975); Bryans v. Sears, Roebuck & Co., 191 So.2d 624, 625 (Fla. 1st DCA 1966), the plaintiff's evidence of alleged ......
  • Groth Air Service, Inc. v. Florida Freight Terminal, Inc., No. 85-1148
    • United States
    • Court of Appeal of Florida (US)
    • May 13, 1986
    ...152 (Fla. 3d DCA 1984), cert. denied, 472 So.2d 1182 (Fla.1985); Cummings v. Sine, 404 So.2d 147 (Fla. 2d DCA 1981); Thompson v. Jacobs, 314 So.2d 797 (Fla. 1st DCA 1975); Vanzant v. Davies, 215 So.2d 504 (Fla. 1st DCA 1968), cert. denied, 225 So.2d 529 Affirmed. --------------- 1 Dade Faci......
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18 cases
  • Commodore Plaza at Century 21 Condominium Ass'n, Inc. v. Cohen, Nos. 76-767
    • United States
    • Court of Appeal of Florida (US)
    • September 20, 1977
    ...not disturb that verdict. South American Fire Insurance Company v. Maxwell, 274 So.2d 579 (Fla. 3rd D.C.A. 1973); Thompson v. Jacobs, 314 So.2d 797 (Fla. 1st D.C.A. 1975). Furthermore, in reviewing the record before us we find that the trial judge at pre-trial conference, held February 27, ......
  • Scandinavian World Cruises (Bahamas), Ltd. v. Cronin, No. 85-2870
    • United States
    • Court of Appeal of Florida (US)
    • July 14, 1987
    ...error has been demonstrated. See Kent Ins. Co. v. Hill, 442 So.2d 288 (Fla. 3d DCA 1983); Dent, 404 So.2d at 1123; Thompson v. Jacobs, 314 So.2d 797 (Fla. 1st DCA Affirmed. --------------- 1 Plaintiff's orthopedic surgeon, Dr. Martin McTighe, testified that within a reasonable degree of med......
  • Tobin v. Alfieri Maserati, S.P.A., No. 86-2084
    • United States
    • Court of Appeal of Florida (US)
    • September 8, 1987
    ...competent evidence; see Groth Air Serv., Inc. v. Florida Freight Terminal, Inc., 489 So.2d 785 (Fla. 3d DCA 1986); Thompson v. Jacobs, 314 So.2d 797, 799-800 (Fla. 1st DCA 1975); Bryans v. Sears, Roebuck & Co., 191 So.2d 624, 625 (Fla. 1st DCA 1966), the plaintiff's evidence of alleged ......
  • Groth Air Service, Inc. v. Florida Freight Terminal, Inc., No. 85-1148
    • United States
    • Court of Appeal of Florida (US)
    • May 13, 1986
    ...152 (Fla. 3d DCA 1984), cert. denied, 472 So.2d 1182 (Fla.1985); Cummings v. Sine, 404 So.2d 147 (Fla. 2d DCA 1981); Thompson v. Jacobs, 314 So.2d 797 (Fla. 1st DCA 1975); Vanzant v. Davies, 215 So.2d 504 (Fla. 1st DCA 1968), cert. denied, 225 So.2d 529 Affirmed. --------------- 1 Dade Faci......
  • Request a trial to view additional results

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