YVETTE FARMER, A MINOR BY AND THROUGH HER NEXT FRIEND ROY F. FARMER, ET AL., APPELLANTS,
v.
B. F. GOODRICH COMPANY, A FOREIGN CORPORATION, APPELLEE

Fla. 2d DCA | 1971-09-22
No. 70-433
PIERCE, C. J., and MANN, J., concur.
252 So. 2d 593 Florida District Court of Appeal, Second District (1971) Positive Treatment
Cited by 4 cases


Opinion of the Court
HOBSON, Judge.

HOBSON, Judge.

Appellants appeal a final judgment entered against them for damages suffered due to appellee’s breach of warranty.

The sole point on appeal is whether or not it is reversible error to admit into evidence a pamphlet which is admittedly hearsay.

We have carefully reviewed the record and it is quite clear that even if the admission of the pamphlet was error it was harmless error. Two expert witnesses testified independently that under-inflation or overloading, or both, caused the tire in question to blow out and that there was no manufacturing defect in the tire. These two experts were produced by the appellee, whose attorney had used the pamphlet. The only other expert, who was the appellants’ witness, could not testify as to what caused the tire to blow out nor whether there was a manufacturing defect.

It is apparent that the pamphlet was merely cumulative of the evidence presented to the jury by the experts and clearly falls within Florida Statute § 59.041, F.S.A., commonly known as the harmless error statute.

For the foregoing reasons the judgment appealed is affirmed.

Affirmed.

PIERCE, C. J., and MANN, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • M. David Sims, M.D. v. Brown, 574 So. 2d 131 (Fla. 1991)
    …n what anybody has testified to as far as I know.” Even if wrongfully excluded, the exclusion of cumulative testimony is not an adequate basis for vacating a jury verdict. Carlton v. King, 51 Fla. 158, 40 So. 191 (1906); Farmer v. B.F. Goodrich Co., 252 So. 2d 593 (Fla. 2d DCA), cert. denied, 255 So. 2d 686 (Fla.1971). Our review of the record discloses that good and valid grounds existed for the trial judge to reject the evidence discussed above. At the very least no abuse of the trial judge’s discretion wa…
  • Detroit Marine Eng'g, Inc. v. Maloy, 419 So. 2d 687 (Fla. 1st DCA 1982)
    …te. Error, if any, in the admission of this document is harmless, for the same information was already before the jury without objection in the form of testimony by Paul Weitzman, a former engineer at Sheller-Globe. See Farmer v. B. F. Goodrich Co., 252 So. 2d 593, (Fla. 2d DCA 1971), cert. denied 255 So. 2d 686 (Fla.1971). Similarly, we find no reversible error in the admission of a Sheller-Globe memorandum dated April 30,1981, which stated that during tests performed on the white insertless wheel, two wheel…
  • Farmer v. B. F. Goodrich Co., 255 So. 2d 686 (Fla. 1971)
    …Certiorari denied. 252 So. 2d 593. CARLTON, Acting C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.…

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