Legal Opinion · Dissent

Florida Power Corp. v. McCain

District Court of Appeal of Florida

Decided December 22, 1989No. 88-03047Published

1DissentThreadgill, Judge

I respectfully dissent. I would affirm the final judgment and the jury verdict finding that Florida Power was negligent. The evidence presented by the plaintiff during its case in chief was sufficient to withstand the motion for directed verdict and the issue of foreseeability was a question for the jury.

In Webb v. Glades Electric Cooperative, Inc., 521 So.2d 258 (Fla. 2d DCA 1988), cited in the majority opinion, this court held that “a foreseeable consequence is one which a prudent man would anticipate likely to result from an act (citation omitted). [I]t is not necessary that the exact…

2Cases cited3 opinions

  1. Webb v. Glades Elec. Co-Op., Inc.District Court of Appeal of Florida · 1988
  2. City of Jacksonville v. RaulersonDistrict Court of Appeal of Florida · 1982
  3. Guyton v. ColvinDistrict Court of Appeal of Florida · 1985

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