Opinion
No. 98-1573.
Opinion filed July 27, 1999.
An appeal from the Circuit Court for Santa Rosa County. Paul A. Rasmussen, Judge.
Eugene K. Polk, of McKenzie Soloway, P.A., Pensacola, for Appellant.
Scott Head, Pro Se, for Appellee.
There is no basis for the trial court's finding that appellee pled comparative negligence, and no competent substantial evidence supports the court's findings that appellant knew or should have known appellee was impaired or that appellee was impaired. Accordingly, the trial court erred in determining that appellant was comparatively negligent and in reducing appellant's damage award. We reverse. On remand the trial court shall enter judgment for the full amount for appellant.
BARFIELD, C.J., MINER and PADOVANO, JJ., CONCUR.