ANDERSON V. YELLOWTAILS
Annotate this Case
Download PDF
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D., 2003 NORMAN ANDERSON and LESLIE ANDERSON, his wife, ** ** Appellants, ** vs. CASE NO. 3D02-1464 ** YELLOWTAILS, INC., a Florida corporation, d/b/a/ MAMBO CAFà , ** LOWER TRIBUNAL: 98-16689 ** Appellee. ** Opinion filed December 3, 2003. An Appeal from the Circuit Court for Miami-Dade County, Amy Dean, Judge. Solms & Price, and Max R. Price, for appellants. Kubicki Draper, and Caryn L. Bellus, for appellee. Before GERSTEN, FLETCHER, and SHEPHERD, JJ. PER CURIAM. Norman and Leslie Anderson ( plaintiffs ) appeal the trial court s order granting final judgment in favor of Yellowtails, Inc., d/b/a/ Mambo Café in a personal injury action. The plaintiffs allege the trial court erred in granting a partial directed verdict in favor of Mambo Café on Norman Anderson s claim that there was prior damage Anderson fell. to the chair from which We agree and reverse. An appellate court when reviewing the grant of a directed verdict must view the evidence and all inferences of fact in the light most favorable to the nonmoving party, and can affirm only where no proper view of the evidence could sustain a verdict in favor of the nonmoving party. See Owens v. Publix Supermarkets, Inc., 802 So. 2d 315 (Fla. 2001); Sears, Roebuck & Co. McKenzie, 502 So. 2d 940 (Fla. 3d DCA 1987). v. Here, when viewing the evidence in the light most favorable to the plaintiffs, the jury could have determined that the chair was damaged prior to plaintiff s injuries. Accordingly, the trial court erred in granting a directed verdict on this issue. The final judgment is reversed and the case is remanded for a new trial. Reversed and remanded. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
