DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,
v.
GEORGIANA CARUCCI, APPELLEE
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The court held that the trial court abused its discretion in granting a new trial based on admitting the defendant's prior driving record.
Plaintiff was a passenger in a bus driven by defendant's employee when an accident occurred. The trial court granted the plaintiff a new trial after i…
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PER CURIAM.
The only point presented on these consolidated appeals is whether the trial court abused its discretion in granting the plaintiff Georgiana Carucci’s motion for a new trial upon the following ground:
“. . that the Court committed harmful error prejudicial to the Plaintiff by permitting Defendant to present testimony over Plaintiff’s objections to the prior driving record of Defendant, DADE COUNTY’S employee bus driver, J. P. Williams, who was driving the Defendant’s bus in which Plaintiff was a passenger at the time of the accident.”
We hold that there has been no showing of abuse of the trial court’s discretion. See Montenegro v. Rainwater, 314 So. 2d 191 (Fla.3d DCA 1975); and cf. Pepin v. Retail Discount Association, 226 So. 2d 145 (Fla. 1st DCA 145).
Ordinarily, the evidence of a defendant’s past driving record should not be made a part of the jury’s considerations. There is support for this proposition and for the actions of the trial judge below in the case law of this and other jurisdictions. Cf. Powell v. Horne, 149 Fla. 240, 5 So. 2d 451 (1942); and Short v. Allen, 254 So. 2d 34 (Fla.3d DCA 1971). See also 8 Am.Jur.2d Automobiles and Highway Traffic § 940 (1963). Finally, it would appear from the record that the past driving record of the bus driver received undue attention in this case.
Affirmed.
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Clooney v. Geeting, 352 So. 2d 1216 (Fla. 2d DCA 1977)…jury. The reason for this is a very practical one: Under these theories the past driving record of the driver will of necessity be before the jury, so the culpability of the entrusting party can be determined. As was said in Dade County v. Carucci, 349 So. 2d 734, 735 (Fla.3d DCA 1977), “Ordinarily, the evidence of a defendant’s past driving record should not be made a part of the jury’s considerations.” Here Counts II through V impose no additional liability on Anderson Mfg. Anderson has not denied ownersh…
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Petrik v. NEW Hampshire Ins. Co., 379 So. 2d 1287 (Fla. 1st DCA 1979)…ing record would be admissible to show negligent hiring or employment, but not to show the driver’s negligence which the employer’s liability is based on under the theory of respondeat superior. Clooney, supra at 1220; citing Dade County v. Carucci, 349 So. 2d 734, 735 (Fla. 3d DCA 1977). The trial court did not err in granting summary judgment against count III of the appellants’ complaint. On cross-appeal, Automobile Club of Southern California argues that the trial court erroneously granted summary judgme…
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Wainer v. Banquero, 713 So. 2d 1104 (Fla. 4th DCA 1998)…318 (Fla. 5th DCA 1991) (citing Moore v. Taylor Concrete & Supply Co., 553 So. 2d 787, 790-91 (Fla. 1st DCA 1989)). Further, “evidence of a [party’s] past driving record should not be made part of the jury’s considerations.” Dade County v. Carucci, 349 So. 2d 734, 735 (Fla. 3d DCA 1977). The parties provided completely different versions concerning the accident. Their credibility and the jury’s resolution of the conflicting testimony made appellee’s comments an important factor in the jury’s determination.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Seabron D. Short & the Miami Herald Publ'g Co. v. Allen, 254 So. 2d 34 (Fla. 3d DCA 1971)
- Powell v. Horne Powell v. Mizell, 5 So. 2d 451 (Fla. 1942)
- Pepin v. Retail Disc. Ass'n, Inc., 226 So. 2d 145 (Fla. 1st DCA 1969)
- Wolff v. State, 314 So. 2d 191 (Fla. 3d DCA 1975)