Friday, August 7, 2009

Fifth District Reverses Directed Verdict

In Blizzard v. Appliance Direct (5D08-4070), the Fifth District reversed the entry of a directed verdict in an employment discrimination case.
Regarding the entry of a directed verdict, the court stated:

A motion for directed verdict should be granted only where no view of the evidence, and no view of the inferences drawn from the evidence could support a verdict for the nonmoving party. Tenny v. Allen, 858 So. 2d 1192, 1195 (Fla. 5th DCA 2003); see also Marriott Int'l, Inc. v. Perez-Melendez, 855 So. 2d 624 (Fla. 5th DCA 2003). More specifically, when considering a motion for directed verdict, the court is required to evaluate the testimony in the light most favorable to the nonmoving party, and every reasonable evidentiary inference must be considered in favor of the
nonmoving party. Id. If there is conflicting evidence or if different reasonable inferences may be drawn from the evidence, then the issue is factual and should be submitted to the jury for resolution. Marriott Int'l.


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