Humberto Reyes v. Aqua Life Corp., No. 12-14242 (11th Cir. 2013)

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Case: 12-14242 Date Filed: 06/13/2013 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-14242 ________________________ D.C. Docket No. 1:10-cv-23548-MGC HUMBERTO REYES, Plaintiff - Appellant, versus AQUA LIFE CORP., Defendant - Appellee. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (June 13, 2013) Before BARKETT and MARCUS, Circuit Judges, and CONWAY, * District Judge. PER CURIAM: * Honorable Anne C. Conway, Chief Judge, United States District Court for the Middle District of Florida, sitting by designation. Case: 12-14242 Date Filed: 06/13/2013 Page: 2 of 2 Humberto Reyes appeals the district court s order granting judgment as a matter of law in favor of Appellee Aqua Life Corp. A de novo review of the record leads us to conclude that Reyes testimony created a material dispute as to which truck Reyes primarily drove in the course of his employment with Aqua Life and how much each truck weighed. Viewing the evidence in a light most favorable to Reyes, it was improper to grant judgment as a matter of law when a reasonable jury could have decided in his favor on this issue. Accordingly, we REVERSE and REMAND for further proceedings consistent with this opinion. 2