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Dade County v. Ware

District Court of Appeal of Florida, Third District
May 28, 1974
295 So. 2d 360 (Fla. Dist. Ct. App. 1974)

Opinion

No. 73-1445.

May 28, 1974.

Appeal from the Circuit Court, Dade County, Harold G. Featherstone, J.

Phillip J. Goldstein, Miami, for appellant.

Kaplan, Dorsey, Sicking Hessen and William Johnson, Miami, for appellee.

Before PEARSON, CARROLL and HAVERFIELD, JJ.


Dade County as the Metro Transit Authority was defendant in an action for personal injuries by the appellee. The injury occurred on a transit authority bus. The points presented on this appeal from a final judgment entered pursuant to a jury verdict for the plaintiff claim 1) that the evidence is insufficient to support the verdict, 2) that the trial court erred in failing to grant defendant's motion for a mistrial, and 3) that the trial judge erred in denying a proffer of testimony by defendant.

We hold that in each instance no error has been shown. As to the sufficiency of the evidence, the record reveals evidence which if believed by the jury would prove the driver's actual knowledge of the foreign substance on the floor of the bus. In addition, the nature of the substance which the appellee testified caused her fall was such as to indicate that it would have been discovered if the bus had been cleaned before being placed in service. Cf. Scaccia v. Boston Elevated Ry. Co., 317 Mass. 245, 57 N.E.2d 761 (1944). As to the denial of the motion for mistrial, see Clark v. Yellow Cab Company of Miami, Fla.App. 1967, 195 So.2d 39. No error appears upon the denial of appellant's proffer. See Florida Power Light Co. v. Robinson, Fla. 1953, 68 So.2d 406.

Affirmed.


Summaries of

Dade County v. Ware

District Court of Appeal of Florida, Third District
May 28, 1974
295 So. 2d 360 (Fla. Dist. Ct. App. 1974)
Case details for

Dade County v. Ware

Case Details

Full title:DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, D/B/A METRO…

Court:District Court of Appeal of Florida, Third District

Date published: May 28, 1974

Citations

295 So. 2d 360 (Fla. Dist. Ct. App. 1974)

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