ETHEL GAVIN, APPELLANT,
v.
DUVAL A. HEADLEY AND CHARLES EDWARD TUDOR, APPELLEES
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This appeal is by the plaintiff below from a judgment entered on a jury verdict rendered in favor of the defendant, in an action for damages for personal injuries resulting from an automobile accident. The appellant contends the trial court committed reversible error by refusing to give certain requested jury charges. Inasmuch as the record does not show the charges which were given by the court, we reject the contention. Refusal of a trial court to give a proper charge which is requested by a party will not constitute reversible error where the charges given by the court otherwise are adequate. 32 Fla. Jur., Trial §§151 and 152. The appellant’s further contention, that the trial court erred in denying her motion for a directed verdict at the close of the evidence, is held to be without merit. Upon examination of the record we conclude that the court was eminently correct in ruling that upon the evidence presented the issues of negligence and proximate cause were questions for jury determination.
Affirmed.
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Menard v. O'Malley, 327 So. 2d 905 (Fla. 3d DCA 1976)…he facts, merely because the trial court refused to give instructions that might properly be given. Maistrosky v. Harvey, Fla.App.1961, 133 So. 2d 103. See also Crosby v. Stubblebine, Fla.App.1962, 142 So. 2d 358, and Gavin v. Headley, Fla.App.1973, 272 So. 2d 843. Nevertheless, it must be recognized that a party is entitled to have the jury instructed upon his theory of the case when the evidence viewed in a light favorable thereto substantially supports the theory, even though it may be subsequently controv…
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Gaulden v. Arkwright-Boston Mfrs. Mut. Ins. Co., 358 So. 2d 267 (Fla. 3d DCA 1978)…69] tents coverage existed, then your verdict should be for the plaintiffs.” While the above instruction might not be ideal, we believe it did adequately inform the jury of the applicable law. As such, we find no reversible error. Gavin v. Headley, 272 So. 2d 843 (Fla. 3d DCA 1973). Appellants’ fourth point has been considered by this court and deemed to be without merit. Accordingly, the final judgment appealed from is hereby affirmed. Affirmed.…
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Pezzi v. Burnup & Sims, Inc., 328 So. 2d 580 (Fla. 3d DCA 1976)…1; Anchor Hocking Corporation v. Allen, Fla. App.1964, 161 So. 2d 853; Stiles v. Calvetto, Fla.App.1962, 137 So. 2d 17; Maistrosky v. Harvey, Fla.App. 1961, 133 So. 2d 103; Karp v. Hodor, Fla.App.1964, 166 So. 2d 597; Gavin v. Headley, Fla.App.1973, 272 So. 2d 843; Thompson v. Jacobs, Fla.App. 1975, 314 So. 2d 797. Accordingly, the judgment appealed is affirmed. Affirmed.…
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