Consolidated Container v. National Freight

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CONSOLIDATED CONTAINER COMPANY, LP, etc., Appellant, v. Case No. 5D12-772 NATIONAL FREIGHT, INC., etc., et al., Appellees. ________________________________/ Opinion filed October 11, 2013 Appeal from the Circuit Court for Orange County, John M. Kest, Judge. Irene Porter and Jedidiah Vander Klok of Hicks, Porter, Ebenfeld & Stein, P.A., Miami, for Appellant. Wm. Jere Tolton, lll, of Ogden & Sullivan, P.A., Tampa, for Appellees. PER CURIAM. Consolidated Container Company, LP, appeals from the final judgment entered in favor of its co-defendant in a personal injury action, National Freight, Inc., following the trial court s entry of a directed verdict in favor of National Freight. We conclude that the evidence presented during the plaintiff s case-in-chief was sufficient to present a jury question regarding National Freight s negligence. judgment entered in favor of National Freight. Accordingly, we reverse the final REVERSED and REMANDED. TORPY, C.J., ORFINGER and COHEN, JJ., concur. 2

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