Friedrich v. Fetterman & Associates, P.A.
137 So. 3d 362
| Fla. | 2013Background
- Friedrich sues Fetterman for negligence as a business invitee after a chair collapsed in the firm’s conference room in 2003.
- Evidence showed the chair, purchased in 1998, was used daily with no prior incidents and no routine physical inspection occurred.
- Experts disagreed: both sides admitted a manufacturing defect in the chair’s right rear joint (mortise and tenon) that was internal and not visible.
- Plaintiff’s expert testified a hands-on inspection (flex test) at six-month intervals should have detected the defect; defense disagreed that any inspection would have revealed it.
- The trial court denied directed verdict motions; the jury found for Friedrich; post-trial motions for a new trial were denied.
- The Fourth District reversed, granting a directed verdict for Fetterman, concluding no evidence showed the defect would have been discovered by inspection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Fourth District impermissibly reweigh evidence on causation? | Friedrich argues the district court properly considered conflicting expert testimony and did not reweigh credibility. | Fetterman contends the district court acted within rule to direct verdict where causation evidence failed to show more likely than not. | No; the district court reweighed the evidence; judgment vacated and remanded. |
Key Cases Cited
- Cox v. St. Joseph's Hospital, 71 So.3d 795 (Fla.2011) (directed verdict standard: more likely than not causation required)
- Gooding v. Univ. Hosp. Bldg., Inc., 445 So.2d 1015 (Fla.1984) (causation standard; more likely than not)
- Owens v. Publix Supermarkets, Inc., 802 So.2d 315 (Fla.2001) (jury credibility and weight of evidence not to be reassessed on appeal)
- Fontana v. Wilson World Maingate Condominium, 717 So.2d 199 (Fla.5th DCA 1998) (claim of defect discovered on reasonable inspection)
- Yuniter v. A&A Edgewater of Florida, Inc., 707 So.2d 763 (Fla.2d DCA 1998) (jury to determine reasonableness of inspection with genuine fact issue)
- Schneider v. K.S.B. Realty & Investing Corp., 128 So.2d 398 (Fla.3d DCA 1961) (jury question where inspection could not be ruled out)
- Morales v. Weil, 44 So.3d 173 (Fla.4th DCA 2010) (premises liability duty and reasonable care to maintain premises)