McLEAN v. CIRCLE K CONSTRUCTION CORP.

Nos. 90-0175, 90-0531.

596 So.2d 1284 (1992)

William J. McLEAN, II, Appellant/Cross-Appellee, v. CIRCLE K CONSTRUCTION CORPORATION, a Florida corporation, and Indian Trail Water Control District, Appellees, and Circle K Construction Corporation, a Florida corporation, Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

April 29, 1992.


Attorney(s) appearing for the Case

Wallace B. McCall of McCall & Johnson, Palm Beach, and Philip M. Burlington of Edna L. Caruso, P.A., West Palm Beach, for appellant/cross-appellee.

Janis Brustares Keyser of Reid, Ricca & Rigell, P.A., West Palm Beach, for appellee/cross-appellant-Circle K Const. Corp.


FEDER, RICHARD Y., Associate Judge.

Appellant, plaintiff below, appeals an adverse jury verdict on his status at the time of an accident, while traversing a spoil pile on his ATC and falling into a 100 foot wide hole on the top. Defendant user and maintainer of the spoil pile cross appeals on the denial of a directed verdict on liability and the refusal to grant costs to it.

The status of appellant and the remaining issues raised were clearly jury issues....

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