District Court of Appeal of Florida
Moss v. Kountry Kitchen of Key Largo, Inc., 3d06-0397
Final judgment entered after a jury verdict in favor of defendant in a personal injury suit brought on behalf of a girl burned by coffee in a restaurant is reversed where the trial court abused its discretion in deviating from the standard jury instruction on negligence since: 1) the trial court failed to state on the record the legal reasons for deviation from the standard instruction; 2) the facts presented supported the giving of the standard jury instruction in order for the jury to properly resolve the issues in the case; and 3) the non-standard instruction may have misled the jury.
Appellate Information
- Decided 02/07/2007
- Published 02/07/2007
Judges
Court
- District Court of Appeal of Florida