Florida District Courts of Appeal, 1980

Phillips v. Styers

Phillips v. Styers
Florida District Courts of Appeal · Decided June 4, 1980 · Danahy, Hobson, Ryder
388 So. 2d 221; 1980 Fla. App. LEXIS 17647 (Southern Reporter, Second Series)

Phillips v. Styers

Opinion of the Court

PER CURIAM.

Affirmed.

HOBSON, Acting C. J., and RYDER and DANAHY, JJ., concur.

070rehearing

ON MOTION FOR REHEARING

PER CURIAM.

Counsel for appellants in their motion for rehearing contend that we overlooked the recent decision of this court in Zambito v. Southland Recreation Enterprises, Inc., 383 So.2d 989 (Fla. 2d DCA May 28, 1980).

The Zambito opinion is not applicable to the instant case because the record on appeal discloses that appellant Tina D. Phillips’ negligence was the sole legal cause of the accident.

Our supreme court stated in Hoffman v. Jones, 280 So.2d 431, 438 (Fla. 1973):

A plaintiff is barred from recovering damages for loss or injury caused by the negligence of another only when the plaintiff’s negligence is the sole legal cause of the damage .

Motion for rehearing is denied.

HOBSON, Acting C. J., and RYDER and DANAHY, JJ., concur.

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