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482 So. 2d 542

482 So.2d 542

11 Fla.L.Weekly 324

Alvarez v. Dade County School Board

District Court of Appeal of Florida

Decided February 4, 1986

District Court of Appeal of Florida · decided 1986-02-04

Cited by 2 later decisions — most recently April 1992

2 state decisions

Relies on 94 So. 2d 724 - Hartnett v. Fowler · Red Top Cab & Baggage Co. v. Grady · Martin v. Kendall

Good law ✅— No negative treatment on recordhow we know

Decided 1986-02-04

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PER CURIAM.

¶1The two critical issues presented in this schoolground accident case were: one, at what time did the school authorities undertake to provide adult supervision on the school premises, and two, precisely at what time did the accident in question occur. The testimony on both of these issues was controverted. As a directed verdict is appropriate only when the evidence and all reasonable inferences therefrom fail to prove the plaintiffs case, it was error for the trial court to have directed a verdict in favor of the School Board. See Hartnett v. Fowler, 94 So.2d 724 (Fla.1957); Martin v. Kendall, 96 So.2d 668 (Fla.3d DCA 1957), cert. dismissed, 102 So.2d 727 (Fla.1958).

¶2Accordingly, we reverse and remand for proper resolution of the factual issues. In view of our reversal of the directed verdict on these issues, we find it unnecessary to address appellant’s other points.

¶3Reversed and remanded for further proceedings.

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