District Court of Appeal of Florida

A judgment for plaintiff in the third trial arising from a vehicular accident involving the parties is reversed and remanded for a new trial where the trial court reversibly erred by: 1) applying Florida comparative negligence law to the issue of liability and damages in the case; and 2) using information in a hearsay state driver's manual in instructing the jury, and the instruction given misinformed the jury on the applicable standard of care and prejudiced the defense.

Appellate Information

• Decided 12/15/2006
• Published 12/15/2006

Judges

• BROWNING, C.J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Raymond L. Roebuck and Brena B. Huffman, of the Roebuck Law Office, Jacksonville, for Appellants.


• For Appellees:
  
• Steven R. Browning, Norwood S. Wilner, and Gregory H. Maxwell, of Spohrer, Wilner, Maxwell & Matthews, P.A., Jacksonville, for Appellee.