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State Farm Mut. Auto. v. Tortorici

District Court of Appeal of Florida, Fourth District
Apr 1, 1998
708 So. 2d 1016 (Fla. Dist. Ct. App. 1998)

Opinion

Case No. 96-3886.

Opinion filed April 1, 1998. JANUARY TERM 1998.

Appeal and cross-appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John A. Miller, Judge; L.T. Case No. 91-09070 (12).

Richard A. Sherman and Rosemary B. Wilder of Richard A. Sherman, P.A., and Glenda Goldlist of Thomas T. Grimmett, P.A., Fort Lauderdale, for appellant/cross-appellee.

Brian J. Glick of Glick Retamar, Boca Raton, and Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, for appellee/cross-appellant.


We find error in the trial court's entry of a directed verdict on Appellant's seat belt defense. Appellant presented competent evidence from which a jury could conclude that Appellee was comparatively negligent. See Ridley v. Safety Kleen Corp., 693 So.2d 934 (Fla. 1996). Therefore, we reverse and remand for a new trial on liability and damages.

STONE, C.J., GUNTHER and SHAHOOD, JJ., concur.


Summaries of

State Farm Mut. Auto. v. Tortorici

District Court of Appeal of Florida, Fourth District
Apr 1, 1998
708 So. 2d 1016 (Fla. Dist. Ct. App. 1998)
Case details for

State Farm Mut. Auto. v. Tortorici

Case Details

Full title:STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant/cross-appellee…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 1, 1998

Citations

708 So. 2d 1016 (Fla. Dist. Ct. App. 1998)