F. CRAIG CLEMENTS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FRANCIS CRAIG CLEMENTS, JR., DECEASED, AND JOYCE LOIS CLEMENTS, DECEASED, APPELLANT,
v.
BOCA AVIATION, INC., A FLORIDA CORPORATION, ET AL., APPELLEES
F. CRAIG CLEMENTS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FRANCIS CRAIG CLEMENTS, JR., DECEASED, AND JOYCE LOIS CLEMENTS, DECEASED, APPELLANT,
BOCA AVIATION, INC., A FLORIDA CORPORATION, ET AL., APPELLEES
444 So. 2d 597
Florida District Court of Appeal, Fourth District (1984)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We believe the trial court erred in excluding interrogatories and answers thereto as to the policy of Boca Aviation, Inc. to require certain minimum flying experience on the part of persons renting its aircraft. Reese v. Seaboard Coastline Railroad, 360 So. 2d 27 (Fla. 4th DCA 1978), cert. dismissed, 366 So. 2d 884 (Fla.1978). Because there is evidence that this policy was violated and that the violation may have had some causal connection to the accident in question, we cannot conclude that the error was harmless. Accordingly, we reverse and remand for a new trial.
ANSTEAD, C.J., and DOWNEY and HERSEY, JJ., concur.
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Citator
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Morty Marks v. Richard Mandel, M.D., 477 So. 2d 1036 (Fla. 3d DCA 1985)…t the defendant violated its own policy or an industry standard. Nesbitt v. Community Health of South Dade, Inc., 467 So. 2d 711 (Fla. 3d DCA 1985); Stambor v. 172nd Collins Cory., 465 So. 2d 1296 (Fla. 3d DCA 1985); Clements v. Boca Aviation, Inc., 444 So. 2d 597 (Fla. 4th DCA 1984); Nance v. Winn Dixie Stores, Inc., 436 So. 2d 1075.(Fla. 3d DCA 1983), rev. denied, 447 So. 2d 889 (Fla.1984). Thus, on retrial, the emergency room policy and procedure manual should be admitted and the trial court should give th…
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Dean Witter Reynolds, Inc. v. Collin R. Hammock, 489 So. 2d 761 (Fla. 1st DCA 1986)…lusive evidence of negligence. St. Louis-San Francisco Railway Company v. White, 369 So. 2d 1007 (Fla. 1st DCA 1979). See also: St. Louis-San Francisco Railway Company v. Burlison, 262 So. 2d 280 (Fla. 1st DCA 1972); Clements v. Boca Aviation, Inc., 444 So. 2d 597 (Fla. 4th DCA 1984); Nance v. Winn Dixie Stores, Inc., 436 So. 2d 1075 (Fla. 3rd DCA 1983); Reese v. Seaboard Coast Line Railroad Company, 360 So. 2d 27 (Fla. 4th DCA 1978). Therefore, we find the trial court erred in excluding evidence relating to…
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Moyer v. Cheryl Reynolds, M.D., 780 So. 2d 205 (Fla. 5th DCA 2001)…e court would agree that it was a critical error, reverse me, and I’m not suggesting that they should not reverse me; I'm suggesting that I am finding it is a critical error and they should send it back. . See e.g., Clements v. Boca Aviation, Inc., 444 So. 2d 597 (Fla. 4th DCA 1984) ("We believe the trial court erred in excluding interrogatories and answers thereto as to the policy of Boca Aviation, Inc. to require certain minimum flying experience on the part of persons renting its aircraft. Because there i…
Authorities Cited
- Reese v. Seaboard Coastline R.R. Co., 360 So. 2d 27 (Fla. 4th DCA 1978)