From Casetext: Smarter Legal Research

Clements v. Boca Aviation, Inc.

District Court of Appeal of Florida, Fourth District
Feb 8, 1984
444 So. 2d 597 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-644.

February 8, 1984.

Appeal from the Circuit Court, Palm Beach County, W.C. Williams III, J.

Dixon, Dixon, Hurst Nicklaus; Headley Headley; and Sam Daniels and Patrice A. Talisman of Daniels Hicks; Miami, for appellant.

Howard Barwick and David M. Wiegand of Law Offices of Howard E. Barwick, P.A., Miami Shores, for appellee Boca Aviation, Inc.


We believe the trial court erred in excluding interrogatories and answers thereto as to the policy of Boca Aviation, Inc. to require certain minimum flying experience on the part of persons renting its aircraft. Reese v. Seaboard Coastline Railroad, 360 So.2d 27 (Fla. 4th DCA 1978), cert. dismissed, 366 So.2d 884 (Fla. 1978). Because there is evidence that this policy was violated and that the violation may have had some causal connection to the accident in question, we cannot conclude that the error was harmless. Accordingly, we reverse and remand for a new trial.

ANSTEAD, C.J., and DOWNEY and HERSEY, JJ., concur.


Summaries of

Clements v. Boca Aviation, Inc.

District Court of Appeal of Florida, Fourth District
Feb 8, 1984
444 So. 2d 597 (Fla. Dist. Ct. App. 1984)
Case details for

Clements v. Boca Aviation, Inc.

Case Details

Full title:F. CRAIG CLEMENTS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FRANCIS…

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 8, 1984

Citations

444 So. 2d 597 (Fla. Dist. Ct. App. 1984)

Citing Cases

Moyer v. Reynolds

Although this type of evidence does not conclusively establish the standard of care, it is admissible as some…

Marks v. Mandel

Additionally, the manual contains a section on patient transfers to Jackson Memorial Hospital. Since…