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Speights v. 800 Water Street, Inc.

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Submitted May 5, 2010

Before REID and KRAMER, Associate Judges, and KING, Senior Judge.

In this negligence action to recover damages for an injury suffered during a fall, Nathaniel Speights appeals from the trial court’s entry of judgment as a matter of law for appellee 800 Water Street, Inc., which owns the H2O Restaurant where the injury occurred. Speights contends the trial court erroneously concluded that the jury would have to speculate in order to find that the restaurant’s negligence caused the injury Speights sustained. He also argues the trial court improperly ruled certain evidence was inadmissible hearsay and that the trial court improperly excluded Speights’ proffered expert witness. Because we agree with Speights that a reasonable jury could find, without speculating, that a restaurant employee negligently caused his injury, we hold that the trial court erred in finding in 800 Water Street’s favor as a matter of law. Accordingly, we reverse and remand.

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