Hogle v. Lowe's of Florida, Inc.

ALLEN, Judge.

The appellant challenges a judgment entered upon an order granting the appellee’s motion for a directed verdict after the jury returned a verdict for the appellant, and an order denying the appellant’s motion for a new trial. We find that the court should have allowed the appellant to recall a witness for further questioning, as asserted in the motion for a new trial. We conclude that the appellant is thus entitled to a new trial, and that the court therefore should not have entered a judgment for the appel-lee.

The appellant’s negligence complaint alleged that the appellee…