Summary
affirming the order under review by relying on the above quoted statement from Clements
Summary of this case from Vila v. Philip Morris USA Inc.Opinion
No. 3D98-2773.
Opinion filed January 12, 2000.
An appeal from the Circuit Court of Dade County, Lawrence A. Schwartz, Judge, L.T. No. 95-18079.
Stuart H. Share and Mark T. Packo, for appellant.
Hicks Anderson and Mark Hicks and Dinah S. Stein; Canning Murray, for appellee.
Before JORGENSON, COPE, and FLETCHER, JJ.
Affirmed. See Clement v. Rousselle Corp., 372 So.2d 1156, 1158 (Fla. 1st DCA 1979) ("A defendant who has answered with a general denial, is entitled to prove, and to argue to the jury, that the accident was due solely to the negligence of a person not party to the suit."), cert. denied, 383 So.2d 1191 (Fla. 1980).