South Florida Beverage Corp. v. San Pedro

Because there was conflicting evidence on the issue of the plaintiffs comparative negligence, the trial court should not have entered a judgment for the plaintiff notwithstanding the jury verdict. Nunberg v. Brodsky, 224 So.2d 727 (Fla. 3d DCA 1969) (where evidence is in conflict and verdict thereon is not manifestly against weight of evidence, court should not interfere and set aside jury verdict). The question of apportioning negligence between the plaintiff and defendant is peculiarly within the province of the jury. Tyus v. Apalachicola Northern Railroad, 130 So.2d 580 (Fla.1961)…