ANTHONY DAVIS, A MINOR, BY AND THROUGH HIS NEXT FRIEND AND FATHER, GORDON DAVIS AND GORDON DAVIS, INDIVIDUALLY, APPELLANTS,
v.
MONEDA KEY HOLMAN AND H. R. HOLMAN, APPELLEES
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Appellant sued in the circuit court for damages resulting from injuries to his eight year old son who was struck by an automobile owned by appellee-husband and operated by appellee-wife.
The trial judge, at the close of plaintiff’s case, directed the jury to enter a verdict in favor of the defendants. Appellants seek reversal of the final judgment entered pursuant to the directed verdict.
We have carefully reviewed the record and considered the briefs of counsel and have concluded that the trial judge was correct in directing a verdict for the defendants inasmuch as there was no evidence presented that would support the charges of negligence made against the defendant-driver. Viewing the evidence in a light most favorable to plaintiffs shows, as a matter of law, that the appellee-driver was not negligent and that the negligence of the minor plaintiff was the proximate cause of his injuries. Midstate Hauling Co. v. Fowler, Fla.1965, 176 So.2d 87; Nabelski v. Turner, Fla.App.1965, 173 So.2d 729; and Baro v. Wilson, Fla.App.1961, 134 So.2d 843. Accordingly the judgment appealed is affirmed.
Affirmed.
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Townsend v. State, 420 So. 2d 615 (Fla. 4th DCA 1982)…d 575 (Fla. 3d DCA 1978) the testimony related to a common scheme or plan some six years earlier. State v. Stately right, 300 So. 2d 674 (Fla.1974) involved similar crime evidence occurring five years prior to the crime on trial. In Crosby v. State, 237 So. 2d 286 (Fla.2d DCA 1970) the court allowed testimony regarding similar offenses occurring four years prior to the offense charged. Thus, the evidence in question was not inadmissible because it was too remote. Finally on this point, the trial judge gave a…
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Evans v. State, 693 So. 2d 1096 (Fla. 3d DCA 1997)…. 2d 575 (Fla. 3d DCA 1978) (allowed evidence of collateral crimes committed 6 years before charged offenses); State v. Statewright, 300 So. 2d 674 (Fla.1974) (allowed collateral crimes committed 5 years before the charged offense); Crosby v. State, 237 So. 2d 286 (Fla. 2d DCA 1970) (allowed testimony regarding similar offenses occurring 4 years prior to the offense charged). In the present case, the “drowning incident” occurred 2 months before the homicide in question and the most remote of the beatings occu…
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Holliday v. State, 389 So. 2d 679 (Fla. 3d DCA 1980)…dmissibility of evidence, unless so far removed from the event as to deprive the circumstances of any evidentiary value. Hopkins v. McClure, 45 So. 2d 656 (Fla.1950). See generally Clark v. State, 266 So. 2d 687 (Fla. 1st DCA 1972); Crosby v. State, 237 So. 2d 286 (Fla. 2d DCA 1970). Defendant also challenges the prosecutor’s statement in closing argument: The unfortunate thing is, when it all comes down and you go in to reach your verdict, the real question is: This is a one-on-one situation. This is Marc…
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- Midstate Hauling Co. v. Fowler, 176 So. 2d 87 (Fla. 1965)
- Baro v. Wilson, 134 So. 2d 843 (Fla. 3d DCA 1961)
- Nabelski v. Turner, 173 So. 2d 729 (Fla. 1st DCA 1965)
- Marini v. The Volunteer State Life Ins. Co., 173 So. 2d 729 (Fla. 1st DCA 1965)