Florida District Courts of Appeal, 1995

Aetna Casualty & Surety Co. v. Stoll

Aetna Casualty & Surety Co. v. Stoll
Florida District Courts of Appeal · Decided November 16, 1995 · Booth, Miner, Webster
663 So. 2d 8; 1995 Fla. App. LEXIS 11999; 1995 WL 678770 (Southern Reporter, Second Series)

Aetna Casualty & Surety Co. v. Stoll

Opinion of the Court

PER CURIAM.

This cause is before us on appeal from a final judgment entered following a directed verdict on causation in a personal injury action. We must reverse and remand for a new trial because evidence on causation was conflicting and should have been presented to the jury for determination. Kowkabany v. Home Depot, Inc., 606 So.2d 716, 719-20 (Fla. 1st DCA 1992) (directed verdict can be upheld only if there is no evidence or inference from the evidence which will support the non-moving party’s position).

REVERSED AND REMANDED FOR NEW TRIAL.

BOOTH, MINER and WEBSTER, JJ., concur.

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