Atlantic Ambulance Conval v. Asbury

1 Citing case

  1. Quinn v. Millard

    358 So. 2d 1378 (Fla. Dist. Ct. App. 1978)   Cited 51 times
    Refusing to rule on seat belt defense issue because record did not contain sufficient evidence that plaintiff would have sustained less serious injuries had he been wearing his seat belt at time of collision

    This was the correct procedure to follow. See generally, Atlantic Ambulance and Convalescent Service, Inc. v. Asbury, 330 So.2d 477 (Fla. 4th DCA 1975). But cf. Ward v. Ochoa, supra, and Weinstein v. National Car Rentals, 288 So.2d 509 (Fla. 3d DCA 1973) (where true "Mary Carter" Agreement exists, set off is an insufficient remedy).