Opinion
No. 79-1715.
June 4, 1980. Rehearing Denied July 18, 1980.
Appeal from Circuit Court, Hillsborough County; Victor O. Wehle, Judge.
Lee S. Damsker of Gordon Maney, P.A., Tampa, for appellants.
Charles W. Pittman of Macfarlane, Ferguson, Allison Kelly, Tampa, for appellee.
Affirmed.
HOBSON, Acting C.J., and RYDER and DANAHY, JJ., concur.
ON MOTION FOR REHEARING
Counsel for appellants in their motion for rehearing contend that we overlooked the recent decision of this court in Zambito v. Southland Recreation Enterprises, Inc., 383 So.2d 989 (Fla. 2d DCA May 28, 1980).
The Zambito opinion is not applicable to the instant case because the record on appeal discloses that appellant Tina D. Phillips' negligence was the sole legal cause of the accident.
Our supreme court stated in Hoffman v. Jones, 280 So.2d 431, 438 (Fla. 1973):
A plaintiff is barred from recovering damages for loss or injury caused by the negligence of another only when the plaintiff's negligence is the sole legal cause of the damage. . . .
Motion for rehearing is denied.
HOBSON, Acting C.J., and RYDER and DANAHY, JJ., concur.