Florida District Courts of Appeal, 1990

Swank v. Schrader

Swank v. Schrader
Florida District Courts of Appeal · Decided April 4, 1990 · Altenbernd, Parker, Patterson
559 So. 2d 106; 1990 Fla. App. LEXIS 2254; 1990 WL 38707 (Southern Reporter, Second Series)

Swank v. Schrader

Opinion of the Court

PER CURIAM.

In the trial of this personal injury action, the court admitted into evidence a traffic citation received, prior to the subject accident, by Mr. Swank, the plaintiff below. The trial court also admitted into evidence the fact that Mr. Swank was charged with, and pled guilty to, driving under the influence some two and one-half years after the occurrence of the subject accident.

We find the cumulative error of the admission of this evidence to require a new trial. Accordingly, the case is reversed and remanded for proceedings consistent herewith.

Reversed and remanded.

PARKER, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.

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