Asher v. Wal-Mart Stores, Inc.

SCHWARTZ, Senior Judge.

While a patron at a Wal-Mart, Ms. Ash-er slipped and fell on a wet area on the floor. After a jury found Wal-Mart and the plaintiff seventy-five and twenty-five per-cent respectively liable, the trial judge granted a new trial on the ground that he had erroneously instructed the jury on a “negligent mode of operation” theory he found unjustified by the evidence.1 For several reasons, we reverse:

*485(1) The ground asserted was not raised at trial and was therefore waived. See Sears Roebuck v. Jackson, 433 So.2d 1319 (Fla. 3d DCA 1983);(2) Review of the point is barred by the…