Opinion
Nos. 86-3174, 86-3175.
May 31, 1988. Rehearing Denied August 3, 1988.
Appeals from the Circuit Court for Dade County; Joseph P. Farina, Judge.
Magill Lewis and R. Fred Lewis, Miami, for appellant.
Barnett and Clark and Frank J. Allocca, Miami, for appellee.
Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.
Rejecting the appellant's contentions, we find first that evidence that the plaintiff's driver was acting in a sudden emergency supports the jury's conclusion that she did not negligently operate her vehicle, so that the plaintiff was not entitled to a directed verdict on liability. 4 Fla.Jur.2d Automobiles and Other Vehicles § 233 (1978). Second, the allegedly improper final argument of counsel did not justify either the declaration of a mistrial below or the award of a new trial here. Gonzalez v. State, 511 So.2d 703 (Fla. 3d DCA 1987).
Affirmed.