DANIEL P. DUSKA, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Lasar Mfg. Co., Inc. v. Bachanov, 436 So. 2d 236 (Fla. 3d DCA 1983)
  …n to admit evidence of prior accidents occurring under substantially similar conditions is again within the sound discretion of the trial court and will not be disturbed on appeal absent a showing of abuse. Detroit Marine Engineering, Inc. v. Maloy, 419 So. 2d 687 (Fla. 1st DCA 1982); Department of Transportation v. Webb, 409 So. 2d 1061 (Fla. 1st DCA 1981), rev. denied sub nom Seaboard Coast Line R. Co. v. Webb, 419 So. 2d 1200 (Fla.1982); I.B.L. Corp. v. Florida Power & Light Co., 400 So. 2d 1288 (Fla. 3d D…
• Rindfleisch v. Carnival Cruise Lines, Inc., 498 So. 2d 488 (Fla. 3d DCA 1986)
  …ence. See generally McCORMICK ON EVIDENCE § 202 (3d ed. 1984); Vitt v. Ryder Truck Rentals, 340 So. 2d at 965. The trial court’s determination typically is subject to review only for an abuse of discretion. Detroit Marine Engineering, Inc. v. Maloy, 419 So. 2d 687 (Fla. 1st DCA 1982). Like the courts in Johnson and Vitt, we are convinced that the issue is one of weight to be given the evidence, rather than its relevancy or materiality.2 Applying this standard to the instant case, we conclude that the court d…
• Metro. Dade Cnty. v. Northern Coats and Sadie Bell Coats, 559 So. 2d 71 (Fla. 3d DCA 1990)
  …osed to the officer was harmless because the information was already properly before the jury. Eichholz v. Pepo Petroleum Co., Inc., 475 So. 2d 1244 (Fla. 1st DCA), review denied, 476 So. 2d 673 (Fla.1985); Detroit Marine Engineering, Inc. v. Maloy, 419 So. 2d 687 (Fla. 1st DCA 1982). Metro Dade’s remaining points lack merit. Metro Dade expressly waived the issue of comparative negligence; consequently, no error appears in the trial court’s refusal to instruct the jury on that defense. The trial court did no…

Authorities Cited

• Bolen v. State, 375 So. 2d 891 (Fla. 4th DCA 1979)