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Dawson v. Johnson

District Court of Appeal of Florida, Third District
Sep 23, 1969
226 So. 2d 445 (Fla. Dist. Ct. App. 1969)

Opinion

No. 69-90.

September 23, 1969.

Appeal from the Circuit Court, Dade County, Raymond G. Nathan, J.

Helliwell, Melrose DeWolf, and Michael G. Martin, Miami, for appellant.

Ralph P. Ezzo, Miami, for appellee.

Before BARKDULL, HENDRY and SWANN, JJ.


John Robert Dawson appeals from a final judgment in the sum of $25,000 for the plaintiff, Lloyd Emil Johnson, Sr.

Johnson sued Dawson and one Pelchat and charged them with negligence resulting in the death of his minor son. His minor son was killed as a result of a collision between a Volkswagen automobile in which he was a passenger and a horse allegedly owned by Pelchat or Dawson. There was a factual dispute at issue as to the ownership of the horse which was resolved by the jury verdict against Dawson.

Although the evidence was conflicting as to the ownership of the horse and the alleged negligence, we find substantial, competent evidence in the record to sustain the jury verdict.

The defendant claims reversible error was committed by the trial judge in permitting expert testimony concerning the pasturing of horses. Trial judges in Florida are given wide latitude in this regard and we find no abuse of discretion in this instance. See Central Hardware Co. v. Stampler, Fla.App. 1965, 180 So.2d 205; and State Road Dept. v. Outlaw, Fla.App. 1963, 148 So.2d 741.

We have examined the defendant's other points for reversal and find no reversible error has been committed.

The final judgment herein appealed is

Affirmed.


Summaries of

Dawson v. Johnson

District Court of Appeal of Florida, Third District
Sep 23, 1969
226 So. 2d 445 (Fla. Dist. Ct. App. 1969)
Case details for

Dawson v. Johnson

Case Details

Full title:JOHN ROBERT DAWSON, APPELLANT, v. LLOYD EMIL JOHNSON, SR., APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Sep 23, 1969

Citations

226 So. 2d 445 (Fla. Dist. Ct. App. 1969)

Citing Cases

Johnson v. Dawson

The appeal resulted in an affirmance of the judgment. Dawson v. Johnson, Fla.App. 1969, 226 So.2d 445.…