Legal Opinion

Clark v. Choctawhatchee Electrical Cooperative, Inc.

Circuit Court of the 1st Judicial Circuit of Florida, Walton County

Decided February 26, 1957Published

1Opinion of the Court

HAROLD B. CROSBY, Circuit Judge.

At the close of the evidence defendant moved for a directed verdict in its behalf, and the court reserved ruling on the motion.

The court has reviewed the testimony in this cause and finds that the plaintiff© have failed to establish the existence of direct physical impact or trauma upon which their claim for damages growing out of personal injury to the plaintiff Josephine Clark must be predicated. Viewed in the light most favorable to the plaintiffs and upon the theory that electrical shock is a direct physical impact or trauma within the meaning of the rule…

2Cases cited6 opinions

  1. Kirksey v. JerniganSupreme Court of Florida · 1950
  2. Stevens v. Tampa Electric Co.Supreme Court of Florida · 1921
  3. Crane v. LoftinSupreme Court of Florida · 1954
  4. Teddleton v. Florida Power Light CompanySupreme Court of Florida · 1941
  5. Biscayne Trust Co. v. Pennsylvania Sugar Co.Supreme Court of Florida · 1931

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