When Should a West Palm Beach Trial Court Grant a Motion for Directed Verdict? July 19,2017 Fourth DCA Opinion

What is a motion for directed verdict?  When should a trial court grant a motion for directed verdict? What should estate lawyers and trust litigators know about directed verdicts in probate lawsuits? A July 19,2017 Fourth DCA opinion, Riverside Hotel v. Demella, discusses a motion for a directed verdict regarding negligence. In this case, Michael Demella’s wife, who was a guest of Riverside Hotel, was killed when an intoxicated driver recklessly crashed into a wall of t Riverside’s pool cabana. The trial court found that Riverside’s negligence was a partial cause of death. Riverside appealed. At trial, Riverside moved for a direct verdict. Should this have been granted? “The standard for reviewing a trial court’s ruling on a motion for directed verdict is de novo.” Furthermore, the opinion states that ” a trial court should grant a motion for directed verdict when the evidence, viewed in the light most favorable to the non moving party, shows that a jury could not reasonably differ about the existence of a material fact and the movant is entitled to a judgment as a matter of law.” If you do not know what this means, you should contact your Florida probate lawyer. You can also read the entire opinion by clicking here.