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Enterprise Leasing Co. v. Sosa7/20/2005
Before GREEN and RAMIREZ, JJ., and SCHWARTZ, Senior Judge.
Enterprise Leasing Company appeals the trial court's $227,000.00 amended final judgment entered against Enterprise. Enterprise also appeals the trial court's $6,000.00 final cost judgment entered against it. We affirm both final judgments.
Rene Sosa, as personal representative of the estate of Marco Antonio Roman, the deceased, filed an action against Enterprise for wrongful death arising out of an automobile accident occurring in Lakeland, Florida in August of 2000. Sosa sought recovery on behalf of the minor children of the deceased and on behalf of the mother of one of the children, who was married to the deceased when he died.
The parties stipulated that Enterprise owned a Dodge pickup truck and that Juan Correa was operating the truck with Enterprise's permission on Florida State Road 471 on the date in question. Roman was a passenger in the truck.
I. DIRECTED VERDICT
Enterprise first contends that the trial court erred in failing to direct a verdict for Enterprise on the issue of liability. We disagree. Motions for directed verdict should be cautiously affirmed only when it can be said that after viewing the evidence and testimony in a light most favorable to the non-moving party that a jury could not reasonably differ as to the existence of a material fact or material inference and that the movant is entitled to judgment as a matter of law. See Carrousel Intern. Corp. v. Auction Co. of America, Inc., 674 So. 2d 162 (Fla. 3d DCA 1996). Furthermore, in testing the motion, the movant must admit to all of the facts in the evidence and must further admit to every reasonable inference favorable to the non-moving party. See Tiny's Liquors, Inc. v. Davis, 353 So. 2d 168, 169 (Fla. 3d DCA 1977).
In the instant case, the facts presented, with all inferences drawn in favor of the plaintiff, allow for a finding of negligence. The testimony indicates that on the day of the accident, it was raining. Enterprise's vehicle began to fishtail, and the driver did not have the vehicle under control. The vehicle crossed the center line and collided with an oncoming vehicle, causing Roman's death. These established facts, along with all the inferences drawn in favor of the plaintiff, the party moved against, are sufficient for a finding of negligence.
In addition, even without the testimony of an eyewitness to an event, circumstantial evidence is sufficient to support a jury finding as to a particular fact. See Majeske v. Palm Beach Kennel Club, 117 So. 2d 531, 533 (Fla. 2d DCA 1960). Accordingly, the trial court did not err in denying Enterprise's motion for directed verdict on liability and in allowing the issue of negligence to go to the jury.
II. PLAINTIFF'S CLAIM FOR NET ACUMULATIONS, SERVICES, AND SUPPORT
Turning to Enterprise's second point on appeal, that the trial court erred in refusing to strike plaintiff's claim for net accumulations, services and support, we also disagree. This case involves Florida's Wrongful Death Statute. Section 768.18, Florida Statutes (2000), lists who may recover for wrongful death actions in Florida, as well as what they can recover. Under the Wrongful Death Statute, there is no limitation on, or exclusion of, a decedent, his estate or survivors based on the legal status of the decedent or the beneficiaries. The Wrongful Death Act, Sections 768.16-768.26, Florida Statutes (2000), contains detailed provisions, including definitions and detailed stipulations for the recovery of damages. To engraft an exception for illegal immigrants would be to encroach on the legislature's turf.
A court must interpret
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