[U] Breda v. B.P.O. Elks Lake City 1800 So-620

B.P.O. Elks Lake City 1800 SO-620 (Lodge) appeals the judgment on an adverse jury verdict finding it negligent in the injury of Raymond Breda. He suffered traumatic injuries caused by pool equipment that Aquatots, Inc., d/b/a Kidswim leased from the Lodge. We hold that the commercial lease between the Lodge and Kidswim presented factual questions properly submitted to a jury rather than resolved by a judge. Further, the trial court did not abuse its discretion in its rulings on jury instructions. Finally, the trial court properly denied the CR 50 motion for judgment as a matter of law and the CR 59 motion for a new trial, both of which were made by the Lodge. We affirm.