Opinion
No. 74-388.
June 13, 1975. Rehearing Denied July 8, 1975.
Appeal from Circuit Court, St. Lucie County; Wallace Sample, Judge.
Marjorie D. Gadarian of Jones Paine Foster, P.A., West Palm Beach, for appellant.
Vincent A. Lloyd of Law Offices of McDonald Lloyd Kenney, Fort Pierce, and William S. Frates, II and Stuart E. Kocha, West Palm Beach, for appellee.
Upon due consideration of the briefs and oral argument and after an examination of the record on appeal we are of the opinion that no reversible error has been made to clearly appear. In particular, we are of the view that as a matter of law defendant was not entitled to an instruction on intervening cause. See Rawls v. Ziegler, Fla. 1958, 107 So.2d 601; De La Concha v. Pinero, Fla. 1958, 104 So.2d 25; 23 Fla.Jur., Negligence, sec. 34; Miami Coca Cola Bottling Co. v. Mahlo, Fla. 1950, 45 So.2d 119; Cone v. Inter County Telephone Telegraph Co., Fla. 1949, 40 So.2d 148; Courtney v. American Oil Company, Fla. App. 1969, 220 So.2d 675. Accordingly, the judgment appealed is affirmed.
CROSS, MAGER, and DOWNEY, JJ., concur.