Peterson v. Central Florida Regional Transportation
District Court of Appeal of Florida
1DissentW. Sharp, J.
I respectfully dissent. In my view, the issues of Lynx’s negligence (ie., the bus driver’s) and breach of a duty of care towards Peterson should have been resolved by a jury, not a directed verdict in favor of the defendant.
A directed verdict should only be granted if the party opposing the motion could not prevail under any reasonable view of the evidence. Bruce Const. v. State Ex*422change Bank, 102 So.2d 288, 291 (Fla.1958). Accordingly, Peterson was entitled to have all reasonable inferences from the facts that support her claim resolved in her favor, at this juncture of the case. Conda v.…
2Cases cited9 opinions
- Bruce Construction Corp. v. State Exchange BankSupreme Court of Florida · 1958
- Conda v. PlainSupreme Court of Florida · 1969
- Jacksonville Coach Company v. RiversSupreme Court of Florida · 1962
- Artigas v. Allstate Ins. Co.District Court of Appeal of Florida · 1989
- Cruz v. HundleyDistrict Court of Appeal of Florida · 1979
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