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TEATE v. WINN-DIXIE STORES, INC.

No. 87-682.

524 So.2d 1060 (1988)

Charlie TEATE, Jr. and Dorothy Teate, His Wife, Appellants, v. WINN-DIXIE STORES, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 1, 1988.

Attorney(s) appearing for the Case

Spence, Payne, Masington, Grossman & Needle, Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin and Joel Eaton, Miami, for appellants.

Stephen N. Montalto, Coral Gables, Richard N. Blank, Fort Lauderdale, for appellee.

Before BARKDULL, NESBITT and DANIEL S. PEARSON, JJ.

PER CURIAM.

This is an appeal from a directed verdict entered in favor of Winn-Dixie. We reverse.

Charlie Teate slipped and fell on some peas in the frozen food department of a Winn-Dixie supermarket and fractured his femur. The jury returned a verdict apportioning Winn-Dixie eighty per cent of the blame and Teate twenty per cent. The court then granted the defendant's motion for a directed verdict on the ground that the evidence was insufficient to present...

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