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Gerena v. Carter

District Court of Appeal of Florida, Second District
Nov 7, 1986
496 So. 2d 1009 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-2952.

November 7, 1986.

Appeal from the Circuit Court for Hillsborough County; Daniel E. Gallagher, Judge.

Henry L. Stanfield and Evan I. Fetterman of Fetterman Assoc., North Palm Beach, for appellant.

Chris W. Altenbernd of Fowler, White, Gillen, Boggs, Villareal and Banker, Tampa, for appellee.


This is an appeal by plaintiff, a passenger who was injured in an automobile accident, from a final judgment against the owner of the automobile. Liability of the owner was founded upon the dangerous instrumentality doctrine. We affirm.

As to one of the points on appeal, we cannot conclude under the facts of this case that the jury had no basis to find plaintiff seventy-five percent comparatively negligent for having knowingly ridden with an intoxicated driver. We have found no merit in the remaining points on appeal.

Affirmed.

LEHAN, A.C.J., and HALL and SANDERLIN, JJ., concur.


Summaries of

Gerena v. Carter

District Court of Appeal of Florida, Second District
Nov 7, 1986
496 So. 2d 1009 (Fla. Dist. Ct. App. 1986)
Case details for

Gerena v. Carter

Case Details

Full title:LUIS RIOS GERENA, APPELLANT, v. WILLIAM W. CARTER, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 7, 1986

Citations

496 So. 2d 1009 (Fla. Dist. Ct. App. 1986)

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