RAUL RIVERON AND CARIDAD RIVERON, APPELLANTS,
v.
JERVIS B. WEBB COMPANY OF GEORGIA, A FOREIGN CORPORATION, AND JERVIS B. WEBB COMPANY, A FOREIGN CORPORATION, INDIVIDUALLY AND SEVERALLY, APPELLEES

Fla. 3d DCA | 1986-04-01
No. 85-575
Before SCHWARTZ, C.J., and HENDRY and NESBITT, JJ.
488 So. 2d 547 Florida District Court of Appeal, Third District (1986) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The Riverons appeal from an adverse final judgment in a personal injury action. The Riverons sued for damages for injuries sustained by Mr. Riveron when metal bands used to package shelving material he was working with snapped. The appellants contend that the trial court committed reversible error in excluding evidence of prior breakages which was proffered to show that the defendants (Webb) were on notice of a defective design or a dangerous condition. There was testimony, however, which indicated that prior accidents had occurred and that a Webb representative was made aware of the problem with the metal strapping. The excluded evidence was, therefore, cumulative. Consequently, if the exclusion of the evidence of prior accidents was error, it was harmless. Corbett v. Seaboard Coastline Railroad, 375 So. 2d 34, 38-39 (Fla. 3d DCA 1979), cert. denied, 383 So. 2d 1202 (Fla.1980); see also Rance v. Hutchinson, 131 Fla. 460, 179 So. 777, 780 (1938); Atlantic Coastline Railroad v. Ganey, 125 So. 2d 576, 578-79 (Fla. 3d DCA 1960). Accordingly, the judgment under review is

Affirmed.


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  • Michl v. Gen. Elec. Co. & Gray Stores, Inc., 526 So. 2d 1046 (Fla. 3d DCA 1988)
    …Electric Company; denying requested jury instructions; and limiting cross-examination of an expert witness. Finding no merit in these contentions, we affirm. See Giordano v. Ramirez, 503 So. 2d 947 (Fla. 3d DCA 1987); Riveron v. Jervis B. Webb Co., 488 So. 2d 547 (Fla. 3d DCA 1986); Gencorp, Inc. v. Wolfe, 481 So. 2d 109 (Fla. 1st DCA 1985), review denied, 491 So. 2d 281 (Fla.1986); 3-M Corp.—McGhan Medical Reports Div. v. Brown, 475 So. 2d 994 (Fla. 1st DCA 1985); Thomas v. Lumbermens Mut. Cas. Co., 424 So.…
  • Simon v. Diversified Servs., Inc., 566 So. 2d 523 (Fla. 3d DCA 1990)
    …firmed. See McMillion v. Whalen, 553 So. 2d 1376 (Fla. 2d DCA 1989); Laberge v. VanCleave, 534 So. 2d 1176 (Fla. 5th DCA), review denied, 545 So. 2d 1369 (Fla.1989); Tripp v. Killam, 492 So. 2d 472 (Fla. 4th DCA 1986): Riveron v. Jervis B. Webb Co., 488 So. 2d 547 (Fla. 3d DCA 1986); Corbett v. Seaboard Coastline R.R., 375 So. 2d 34 (Fla. 3d DCA 1979), cert. denied, 383 So. 2d 1202 (Fla.1980).…

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