GENARO MANUEL HERNANDEZ, APPELLANT,
v.
ALEX PAULDING PARROTT, APPELLEE
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BARKDULL, Judge.
In an intersectional accident case, tried before a jury, with issues as to the negligence of both the plaintiff-driver and the defendant-driver, the trial court permitted evidence that the plaintiff-driver and the owner of the automobile he was driving settled property damage claims with one of the defendants. This should not have been permitted into evidence. See: Babcock v. Flowers, 144 Fla. 479, 198 So. 326, wherein the following syllabus is found:
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“4. In' tort action for personal injuries, the admission of testimony, over defendant’s objection that the defendant had stated that he would take care of plaintiff’s hospital bills was error since an agreement to pay expenses of an injured person constitutes no admission of actionable negligence on the part of the person making such agreement.” The other points urged for reversal have been examined and found to be without merit.
The final judgment and the jury verdict adverse to the appellant, plaintiff-driver in the trial court, be and the same are hereby reversed and the cause is remanded to the trial court for a new trial.
Reversed and remanded, with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Alton Kelly v. Kinsey, 362 So. 2d 402 (Fla. 1st DCA 1978)…ximately causing the collision. The trial court did not err in refusing to receive Kinsey’s request for admissions whereby. Government Employees Insurance Company admitted that it settled his property damage claim for $300.00. Hernandez v. Parrott, 346 So. 2d 1213 (Fla.3d DCA 1977). We reverse the judgment as to the damage issue and remand to the trial court for a new trial on the issue of damages only. In all other respects we affirm the judgment. BOYER, Acting C. J., and ERVIN, J., concur.…
Authorities Cited
- Babcock v. Flowers, 144 Fla. 479 (Fla. 1940)