Jan 8

Appeal Court Reverses Verdict Due To Lack Of Evidence

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Appeal Court Reverses Verdict Due To Lack Of Evidence

A case was brought before an appellate court in Florida that involved an aggrieved defendant who believed that the verdict by the lower court was not accurate. At the end of the day, the appellate court reversed the verdict by the lower court due to lack of evidence.

Case facts

The plaintiff, in this case, was a customer at a barbecue stand. The customer after having a good time at the barbecue stand was trying to get home when she slipped and fell on the sidewalk of the stand. She was hurt and sustained major injuries. After the incident, the plaintiff filed a case against the Sports Club that owned the barbecue stand. She also filed a case against the county. She claimed that she fell because of grease that was spilled on the floor. She blamed the county and the Sports Club for her fall as she believes that it was their negligence that led to her fall.

Verdict in the lower court

When the case was presented at the lower court, the verdict was that the county was 50% responsible for her fall while the plaintiff was 0% responsible. So the verdict went in favor of the plaintiff. But the defendant dissatisfied with the verdict filed a post-trial motion demanding that the verdict is reversed due to lack of evidence that proves that the county was aware of the oil spillage. The court rejected the motion and ruled in favor of the plaintiff. The defendant decided to take the case to a higher court

Appeal court reverses verdict

At the appeal court, the county presented their reasons for not accepting the verdict of the lower court. The major reason being the fact that the plaintiff had no evidence that shows that the county knew about the grease spillage.

The plaintiff stated that the grease spillage was fresh at the time of her fall. She, however, presented photographs showing discolored areas of the sidewalk. She stated that the discoloration was due to the constant spillage of grease on the sidewalk and that the county should be aware of such phenomenon as it appears to be constant.

However, the county stated that she did not have any proof that shows that the discoloration was caused by the grease spillage and therefore the discoloration may be due to another factor other than grease spillage.

At the end of the day, the appellate court reversed the verdict by the lower court as the plaintiff could not provide substantial evidence that proved that the county was aware of the spillage.

Have you ever been involved in a “slip and fall” accident before in West Palm Beach, Florida, and you want to take the case to court? You should hire a Florida Injury Attorney. With the right Florida Injury Attorney, you may end up getting monetary compensation.