CHERIE L. WEDDEN AND ROBERT WEDDEN, APPELLANTS,
v.
JULIE ANN WENTZ AND JOSEPH GENE WENTZ, APPELLEES
CHERIE L. WEDDEN AND ROBERT WEDDEN, APPELLANTS,
JULIE ANN WENTZ AND JOSEPH GENE WENTZ, APPELLEES
571 So. 2d 24
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
We affirm the jury verdict and resulting judgment of no actionable negligence on the part of the appellee/defendant below. A concurring cause instruction is not required where the only issue on the question of liability is the comparative negligence of the plaintiff and defendant, and no extraneous concurring cause is either alleged or proved.
SCHEB, A.C.J., and CAMPBELL and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fla. Health Scis. Ctr., Inc. v. Elsenheimer, 952 So. 2d 575 (Fla. 2d DCA 2007)…zell, 681 So. 2d 1195, 1197 (Fla. 2d DCA 1996) (acknowledging that the analysis applicable to a motion made pursuant to rule 1.061 does not apply to a motion to transfer venue within Florida pursuant to section 47.122); John Christen Corp. v. Maita, 571 So. 2d 24, 25 n. 1 (Fla. 2d DCA 1990) (observing that section 47.122 contains no time limitation). With respect to the merits of the Hospital’s venue motion, the Hospital does not argue on appeal that Charlotte County is not a proper venue for this lawsuit.…
-
Parker v. Hoppock, 695 So. 2d 424 (Fla. 4th DCA 1997)…tions of Hart, the defendant driver in the second accident. The comparative negligence of a plaintiff alone does not require the giving of a concurring cause instruction where no other extraneous concurring.cause is established. See Wedden v. Wentz, 571 So. 2d 24, 24 (Fla. 2d DCA 1990), review [*431] denied, 576 So. 2d 294 (Fla.1991); see also Little v. Miller, 311 So. 2d 116 (Fla. 4th DCA 1975). Finally, we find no error in the trial court’s denial of plaintiffs’ special requested instruction concerning th…
-
LA Petite Acad. v. Kamerzel, 751 So. 2d 641 (Fla. 5th DCA 1999)…ligence of a plaintiff does not warrant the giving of a concurring cause instruction where no other extraneous cause is established. Parker v. Hoppock, 695 So. 2d 424, 430 (Fla.4th DCA 1997), rev. denied, 707 So. 2d 1126 (Fla.1998); Wedden v. Wentz, 571 So. 2d 24 (Fla. 2nd DCA 1990), rev. denied, 576 So. 2d 294 (Fla.1991). This rationale is not altered by the fact that the actions of the minor plaintiff in this case cannot be considered negligence, as a matter of law, because of his age. We also note that ne…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence