VERMONT MUT. INS. CO. v. CONWAY

No. GG-481.

358 So.2d 123 (1978)

VERMONT MUTUAL INSURANCE COMPANY, D. Frank Palmieri and Carmela Palmieri, His Wife, Appellants, v. Charles CONWAY, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 18, 1978.


Attorney(s) appearing for the Case

Robert K. Rouse, Jr., of Smalbein, Eubank, Johnson, Rosier & Bussey, Daytona Beach, for appellants.

Paul R. Stern of Stern, LaRue & Wells, Daytona Beach, for appellee.


PER CURIAM.

Appellants were found by the jury below to be 15% negligent in an accident which occurred when appellee, a housepainter, fell off a ladder as he painted appellants' house. Appellants argue that the evidence was legally insufficient to be presented to the jury and that the court erred in not directing a verdict. We agree and reverse.

Appellee testified that Mrs. Palmieri, complaining about his untidiness, had hosed down the driveway two times in...

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