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Mehler v. Florida Keys Elec. Co-op

District Court of Appeal of Florida, Third District
Apr 2, 1991
576 So. 2d 1355 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-461.

April 2, 1991.

Appeal from the Circuit Court, Monroe County, J. Jefferson Overby, J.

Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham Lane, and Steven P. Befera, Miami, for appellant.

Corlett, Killian, Ober, Hardeman Levi, and Love Phipps, Miami, for appellee.

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


This is an appeal by the plaintiff Steven Mehler from a final judgment entered upon an adverse jury verdict in a negligence action arising out of a sailboat accident. We affirm.

The trial court did not, as urged, commit reversible error in excluding evidence of post-accident remedial changes at the accident scene. Such evidence was clearly inadmissible as a general rule, Carnival Cruise Lines, Inc. v. Rosania, 546 So.2d 736, 738 (Fla. 3d DCA 1989); § 90.407, Fla. Stat. (1987), and did not, as urged, qualify for admission in this case under any exception thereto. See, e.g., C. Ehrhardt, Florida Evidence § 407.1 (2d ed. 1984). The remaining point has no merit.

Affirmed.


Summaries of

Mehler v. Florida Keys Elec. Co-op

District Court of Appeal of Florida, Third District
Apr 2, 1991
576 So. 2d 1355 (Fla. Dist. Ct. App. 1991)
Case details for

Mehler v. Florida Keys Elec. Co-op

Case Details

Full title:STEVEN MEHLER, APPELLANT, v. FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATES…

Court:District Court of Appeal of Florida, Third District

Date published: Apr 2, 1991

Citations

576 So. 2d 1355 (Fla. Dist. Ct. App. 1991)

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