HEROD V. GRANT
262 So. 2d 781 (1972)
NATURE OF THE CASE: Herod (D) challenged a judgment that awarded Grant (P) damages for
injuries he sustained in a fall from D's truck. D contends that the motion for a directed
verdict should have been granted after P completed his testimony.
FACTS: On the evening of October 24, 1969, P and D decided to rid P's bean field of
predatory wild animals. Equipped with a headlight and a rifle they both ventured into P's
bean field in D's pickup truck. They observed a deer and P seated himself in a cross-legged
position upon a tool box situated in the bed of the truck immediately to the rear of the
cab. D then drove not more than fifteen to twenty miles per hour along the rows of the field
which had been combined that afternoon by the P. P fired twice and missed and his weapon
jammed. P got D's gun and the deer, which had been running parallel to the truck, veered
toward the vehicle, motivating the D to suddenly increase the speed of the truck in an
attempt to run over the deer. This as well as a slight turn of the vehicle caused P to fall
from the tool box to the ground, seriously injuring him. D denied having speeded up or in
making any sharp turns. P got the verdict for $15,000 and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment