JOSEPH BIALOWAS, APPELLANT,
v.
NATIONAL RAILROAD PASSENGER CORPORATION, D/B/A AMTRAK, APPELLEE
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PER CURIAM.
In these consolidated appeals appellant seeks reversal of a final judgment entered pursuant to a jury verdict in the amount of $44,800.00 as damages for personal injuries sustained by him while working as a steward on appellee’s train.
The question of damages was the only issue in the trial, inasmuch as liability was admitted by appellee.
Appellant contends on appeal that the trial court erred in refusing to excuse for cause a juror on the basis of possible bias; that the trial court should have granted appellant’s motion to strike certain irrelevant and inadmissible portions of a medical witness’ deposition; and that the court erred in refusing appellant’s request for an instruction on future medical expenses.
We have carefully considered appellant’s points and in light of the record, briefs and argument of counsel have determined that no reversible error has been demonstrated. See, Ashley v. State, 370 So. 2d 1191 (Fla. 3d DCA 1979); Wheeler v. State, 362 So. 2d 377 (Fla. 1st DCA 1978); Klepper v. J. C. Penney Co., 340 So. 2d 1170 (Fla. 4th DCA 1976).
The judgment appealed is affirmed.
Affirmed.
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Reilly v. State, 557 So. 2d 1365 (Fla. 1990)…because it was based on his involuntary confession, it is clear that the intervening events were sufficient to break any causal connection between the confession and the arrest and the statements which Reilly made to the inmates. See State v. Maier, 378 So. 2d 1288 (Fla. 3d DCA 1979); Jetmore v. State, 275 So. 2d 61 (Fla. 4th DCA), cert. denied, 279 So. 2d 312 (Fla.1973). The testimony of the inmates concerning Reil [*1368] ly’s inculpatory statements was properly admitted. We reverse the conviction and the s…
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State v. Thomas, 405 So. 2d 462 (Fla. 3d DCA 1981)…ers, 52 N.Y.2d 527, 439 N.Y.S.2d 96, 421 N.E. 2d 491 (1981) (same); see also, Norris v. State, 401 So. 2d 865 (Fla.3d DCA 1981) (per curiam); see generally, United States v. Crews, 445 U.S. 463, 100 S.Ct. 1244, 63 L.Ed.2d 537 (1980); State v. Maier, 378 So. 2d 1288 (Fla. 3d DCA 1979). Fruit from a healthy tree planted where a poisonous one has been removed is not inedible. Affirmed in part, reversed in part. . His fingerprint was found at the scene of the offense. . Payton itself recognizes that Florida law…
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Smith v. State, 438 So. 2d 10 (Fla. 2d DCA 1983)…of knowledge gained from the first wiretap. Exploitation of the wiretap information, not independent lawful investigation or fortuitous discovery, led to the evidence obtained. See Shayne v. State, 384 So. 2d 711 (Fla. 3d DCA 1980); State v. Maier, 378 So. 2d 1288 (Fla. 3d DCA 1979). We are thus unable to find support for the trial court’s finding that the arrests and seizures were attenuated from and independent of the first wiretap. Therefore, if this wiretap was invalid, the arrests were improper. See Wong…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ashley v. State, 370 So. 2d 1191 (Fla. 3d DCA 1979)
- Klepper v. J. C. Penney Co., Inc., 340 So. 2d 1170 (Fla. 4th DCA 1976)
- Wheeler v. State, 362 So. 2d 377 (Fla. 1st DCA 1978)