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ASHER v. WAL-MART STORES, INC.

No. 3D08-1160.

39 So.3d 484 (2010)

Annet ASHER and Ali Asher, Appellants, v. WAL-MART STORES, INC., Appellee.

District Court of Appeal of Florida, Third District.

July 7, 2010.

Attorney(s) appearing for the Case

HomerBonner and Douglas F. Eaton, Miami, for appellants.

Abadin Cook and Aldo M. Leiva, Miami, for appellee.

Before SHEPHERD and SALTER, JJ., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

While a patron at a Wal-Mart, Ms. Asher slipped and fell on a wet area on the floor. After a jury found Wal-Mart and the plaintiff seventy-five and twenty-five per-cent respectively liable, the trial judge granted a new trial on the ground that he had erroneously instructed the jury on a "negligent mode of operation" theory he found unjustified by the evidence.1 For several reasons, we reverse:

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