OLGA WASHEWICH, APPELLANT,
v.
HOLLIE H. LEFAVE, APPELLEE
OLGA WASHEWICH, APPELLANT,
HOLLIE H. LEFAVE, APPELLEE
219 So. 2d 46
Florida District Court of Appeal, Fourth District (1969)
Positive Treatment
Cited by 4 cases
Opinion of the Court
Defendant-appellant appeals from an order granting appellee a new trial. We have examined the record and the trial court’s order granting a new trial and vacating the directed verdict and judgment for the defendant and find the decision to be in accordance with law. Therefore we affirm. When a person is injured in two successive accidents, injuries sustained therefrom need not be apportioned. C. F. Hamblen, Inc. v. Owens, 1937, 127 Fla. 91, 172 So. 694; Manganelli v. Covington, Fla.App. 1959, 114 So.2d 320; Wise v. Carter, Fla. App.1960, 119 So.2d 40; Hollie v. Radcliffe, Fla.App.1967, 200 So.2d 616.
WALDEN, C. J., McCAIN, J., and TROWBRIDGE, C. PFEIFFER, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Washewich v. Hollie H. LeFAVE, 248 So. 2d 670 (Fla. 4th DCA 1971)…t which was in no way caused by the defendant. On 22 April 1968 the trial judge granted plaintiff’s post-trial motion for a new trial. The defendant appealed, and the order granting the new trial was affirmed. See Washewich v. LeFave, Fla.App.1969, 219 So. 2d 46. The new trial resulted in a jury verdict in favor of the plaintiff. Final judgment was entered on the verdict and this appeal followed. The accident occurred on Military Trail in Palm Beach County, Florida, at approximately 12:30 a. m. on 15 Novem…
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Salazar v. Santos (Harry) & Co., Inc., 537 So. 2d 1048 (Fla. 3d DCA 1989)…sed by both impacts. In a case such as this where there are concurrent causes of injury, damages cannot be apportioned and each defendant will be liable for the injury. E.g., De La Concha v. Pinero, 104 So. 2d 25, 28 (Fla.1958); Washewich v. LeFave, 219 So. 2d 46 (Fla. 4th DCA 1969); McLeod v. American Motors Corp., 723 F. 2d 830 (11th Cir.1984). We reject the claim that the “more probable than not” rule of Gooding v. University Hosp. Bldg., Inc., 445 So. 2d 1015 (Fla.1984) applies here. The rule set forth i…
Authorities Cited
- C. F. Hamblen, Inc. v. Owens, 127 Fla. 91 (Fla. 1937)
- Wise v. Carter, 119 So. 2d 40 (Fla. 1st DCA 1960)
- Manganelli v. Covington, 114 So. 2d 320 (Fla. 3d DCA 1959)
- Hollie v. Radcliffe, 200 So. 2d 616 (Fla. 1st DCA 1967)