Florida District Courts of Appeal, 1997

K-Mart Corp. v. Sellers

K-Mart Corp. v. Sellers
Florida District Courts of Appeal · Decided May 12, 1997 · Joanos, Kahn, Nortwick
693 So. 2d 124; 1997 Fla. App. LEXIS 4989; 1997 WL 236173 (Southern Reporter, Second Series)

K-Mart Corp. v. Sellers

Opinion of the Court

JOANOS, Judge.

K-Mart Corporation appeals from a jury verdict and judgment in favor of appellees in a personal injury lawsuit arising from injuries sustained by appellee William Sellers when he fell while shopping in a K-Mart store. The issue presented for review concerns the trial court’s refusal to give the proposed cautionary jury instruction requested by K-Mart. We affirm, because the instructions given by the trial court correctly stated the applicable law, the omission of a special cautionary instruction on K-Mart’s internal operating manuals did not constitute fundamental error, and the proposed cautionary instruction was a misstatement of Florida law. See, generally, Barrier v. Duncan, 541 So.2d 631 (Fla. 1st DCA), review denied, 551 So.2d 461 (Fla. 1989); Alderman v. Wy-song & Miles Co., 486 So.2d 673 (Fla. 1st DCA 1986).

Accordingly, the final judgment is affirmed in all respects.

KAHN and VAN NORTWICK, JJ., concur.

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