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Zaitschek v. Walsh

District Court of Appeal of Florida, Third District
May 28, 1986
487 So. 2d 1139 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-1305.

April 22, 1986. Rehearing Denied May 28, 1986.

Appeal from the Circuit Court of Dade County; Richard S. Hickey, Judge.

Barnett Clark and Frank J. Allocca, Coral Gables, for appellants.

Samuel Sheradsky, Miami, for appellee.

Before SCHWARTZ, C.J., and HUBBART and NESBITT, JJ.


The order appealed from — which grants a new trial based solely on an allegedly erroneous jury charge given as to Section 316.160, Florida Statutes (1983), relative to the plaintiff's alleged comparative negligence in this cause — is reversed and the cause is remanded to the trial court with directions to reinstate the jury verdict and final judgment for the defendants herein. The jury charge was entirely proper based on the evidence adduced at trial, and the trial court erred in concluding otherwise in the new trial order under review. See Catir v. Roberson, 423 So.2d 454 (Fla. 1st DCA 1982); International Insurance Co. v. Ballon, 403 So.2d 1071 (Fla. 4th DCA 1981), pet. for review denied, 412 So.2d 463 (Fla. 1982); Demmy v. Sligh, 189 So.2d 843 (Fla. 2d DCA 1966); Naber v. Scott, 149 So.2d 365 (Fla. 2d DCA 1963); 66 C.J.S. New Trial § 44, at 148-49 (1950); accord 58 Am.Jur.2d New Trial § 126, at 332 (1971).

Reversed and remanded.


Summaries of

Zaitschek v. Walsh

District Court of Appeal of Florida, Third District
May 28, 1986
487 So. 2d 1139 (Fla. Dist. Ct. App. 1986)
Case details for

Zaitschek v. Walsh

Case Details

Full title:JOSEPH ZAITSCHEK, GOVERNMENT EMPLOYEES INSURANCE COMPANY AND POMPANO…

Court:District Court of Appeal of Florida, Third District

Date published: May 28, 1986

Citations

487 So. 2d 1139 (Fla. Dist. Ct. App. 1986)