McLean v. Circle K Construction Corp.

FEDER, RICHARD Y., Associate Judge.

Appellant, plaintiff below, appeals an adverse jury verdict on his status at the time of an accident, while traversing a spoil pile on his ATC and falling into a 100 foot wide hole on the top. Defendant user and maintainer of the spoil pile cross appeals on the denial of a directed verdict on liability and the refusal to grant costs to it.

The status of appellant and the remaining issues raised were clearly jury issues. See Darley v. Marquee Enterprises, Inc., 565 So.2d 715 (Fla. 4th DCA 1990). There were conflicting facts concerning whether the spoil pile…