Opinion
Nos. 4D03-1799, 4D03-2485.
October 6, 2004. Rehearing Denied December 3, 2004.
Consolidated appeals from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jeffrey A. Winikoff, Judge; L.T. Case Nos. CL 01-3012 AN CA 01-7377 AN.
Michael K. Winston and Thomas E. Warner of Carlton Fields, P.A., West Palm Beach, for appellant.
Philip M. Burlington of Philip M. Burlington, P.A., West Palm Beach, Fred A. Cunningham of Slawson, Cunningham, Whalen Stewart, Palm Beach Gardens, and Jose G. Rodriguez of Jose G. Rodriguez, P.A., West Palm Beach, for appellees Marcia Contreras and Alicia Vargas.
Lynn G. Waxman of Lynn G. Waxman, P.A., West Palm Beach, and Adam S. Doner of Gordon Doner, P.A., Palm Beach Gardens, for appellee Jorge Adolfo Galvez.
This case arises out of a fatal automobile accident which occurred when the car in which the plaintiffs were riding was hit from behind by the defendant's tractor-trailer. Defendant, USA Truck, Inc., appeals consolidated final judgments entered after bifurcated liability and damages trials. We find no error in the trial court's order directing a verdict on the defendant's seatbelt defense as to plaintiff Von Pineda. See Zurline v. Levesque, 642 So.2d 1169 (Fla. 4th DCA 1994) (holding that the seatbelt defense should not have been submitted to the jury where there was no evidence that failure to wear a seatbelt caused or contributed substantially to producing the plaintiff's damages). We further find no reversible error as to all other issues raised and affirm the final judgments.
AFFIRMED.
GUNTHER and STEVENSON, JJ., concur.