In this wrongful death action, plaintiff administratrix appeals an adverse judgment for defendants D. D. Kennedy, Inc. and Hendrickson Mfg. Co. entered pursuant to a jury verdict, and a judgment for Bucyrus-Erie Company entered in accordance with its motion for directed verdict.
The deceased, Raymond Jones, was an oiler on a crane and one of his duties was to keep the crane clean and free from oil drippings. On the day of the accident, Jones was working on the crane when the crane operator, who did not see Jones, climbed up into the cab and started the crane. As the crane began to swing, it struck Jones, who became caught between the upper and lower structure of the crane, and killed him.'
The cause was tried and the jury retired to deliberate. During the deliberation, the jury sent the following question to the trial judge:
“If we agree that there were no set safety standards, in 1966, and those safety devices recommended were not in use in the industry, can we find the defendants guilty ?
“P.S. We just want the point of law on this item.”
The judge responded in the negative and returned the case to the jury. Approximately 40 minutes later the jury again came back and indicated:
“Is this the final answer.
“If this is your last word on the subject, we have reached a verdict.”
The trial judge did not change his ruling and the jury rendered its verdict finding for the defendants. Nevertheless, upon a polling of the jury, two jurors denied that the verdict was theirs. The jury returned to deliberate again and reached a verdict finding in favor of defendants D. D. Kennedy and Hendrickson Mfg. However, the jurors could not agree on a verdict with respect to the plaintiff’s claim against defendant Bucyrus-Erie. The trial judge entered final judgment in favor of D. D. Kennedy and Hendrickson Mfg. Thereafter, the judge entered final judgment for Bucyrus-Erie in accordance with its motion for directed verdict on which he had reserved ruling.
With respect to the judgment entered in favor of Hendrickson Mfg. and D. D. Kennedy, plaintiff contends that the trial court committed reversible error in answering incorrectly the jury's question (set out above), and thereby confusing and/or misleading the jurors resulting in the denial of a fair trial.
It is of the utmost importance that a trial judge correctly charge the jury. These charges are the very core or heart beat of the case inasmuch as they are all the jury has to guide them in their assessment of the facts. Rodriguez v. Gonzalez, Fla.App. 1963,
We first take note that the trial judge, in effect, erroneously instructed the jury in replying “no” to its question of the absence of industry safety standards. See Homan v. Dade County, Fla.App.1971,
Reviewing the evidence in the light most favorable to the plaintiff, the non-moving party, we cannot say there was no evidence on which the jury lawfully could have found a verdict for her. See 2 Fla.Jur. Appeals § 302 (1963) and cases cited therein. Accordingly, the judgment in favor of Bucyrus-Erie is reversed and the cause remanded for a new trial.
Reversed and remanded.
