Turner v. Frey
| Decision Date | 20 July 1955 |
| Citation | 81 So.2d 721 |
| Parties | Floyd TURNER, Appellant, v. Lillian FREY, Appellee. |
| Court | Florida Supreme Court |
Bucklew & Ramsey, Tampa, for appellant.
Robert J., Fishkind and Norman S. Allen, Tampa, for appellee.
The defendant has appealed from an adverse verdict and judgment in a tort action filed against him by plaintiff on account of an alleged personal assault by defendant. He contends here that the trial judge erred in refusing to direct a verdict in his favor at the close of all the evidence and, in the alternative, that he is at least entitled to a new trial. We think the latter contention must be sustained.
In his order denying the defendant's motions, the trial judge said:
The plaintiff testified that the defendant hit her while she was caught between a door and the door jamb, after had forcefully closed the door upon and against her. The defendant and his witnesses admit that some kind of altercation occurred between the plaintiff and the defendant at the doorway, although defendant ane one of his witnesses (an eyewitness to the encounter) deny that he slammed the door on her or hit her. We cannot properly evaluate the remark of the trial judge, quoted above, that 'the physical facts and the corroborating testimony show that the matter could not have happened as was claimed by the plaintiff,' since we do not have the benefit of the diagram-showing the rooms and doors and furniture...
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