Humberto Reyes v. Aqua Life Corp.

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 12-14242
________________________
D.C. Docket No. 1:10-cv-23548-MGC
HUMBERTO REYES,
Plaintiff - Appellant,
versus
AQUA LIFE CORP.,
Defendant - Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(June 13, 2013)
Before BARKETT and MARCUS, Circuit Judges, and CONWAY,* District Judge.
PER CURIAM:
* Honorable Anne C. Conway, Chief Judge, United States District Court for the Middle District
of Florida, sitting by designation.
Case: 12-14242 Date Filed: 06/13/2013 Page: 1 of 2

-- 1 of 2 --

2
Humberto Reyes appeals the district court’s order granting judgment as a
matter of law in favor of Appellee Aqua Life Corp. A de novo review of the record
leads us to conclude that Reyes’ testimony created a material dispute as to which
truck Reyes primarily drove in the course of his employment with Aqua Life and
how much each truck weighed. Viewing the evidence in a light most favorable to
Reyes, it was improper to grant judgment as a matter of law when a reasonable
jury could have decided in his favor on this issue.
Accordingly, we REVERSE and REMAND for further proceedings
consistent with this opinion.
Case: 12-14242 Date Filed: 06/13/2013 Page: 2 of 2

-- 2 of 2 --