Florida District Courts of Appeal, 1991

Mehler v. Florida Keys Electric Cooperative Associates, Inc.

Mehler v. Florida Keys Electric Cooperative Associates, Inc.
Florida District Courts of Appeal · Decided April 2, 1991 · Hubbart, Nesbitt, Schwartz
576 So. 2d 1355; 1991 Fla. App. LEXIS 2912; 1991 WL 45208 (Southern Reporter, Second Series)

Mehler v. Florida Keys Electric Cooperative Associates, Inc.

Opinion of the Court

PER CURIAM.

This is an appeal by the plaintiff Steven Mehler from a final judgment entered upon an adverse jury verdict in a negligence action arising out of a sailboat accident. We affirm.

The trial court did not, as urged, commit reversible error in excluding evidence of post-accident remedial changes at the accident scene. Such evidence was clearly inadmissible as a general rule, Carnival Cruise Lines, Inc. v. Rosania, 546 So.2d 736, 738 (Fla. 3d DCA 1989); § 90.407, Fla.Stat. (1987), and did not, as urged, qualify for admission in this case under any exception thereto. See, e.g., C. Ehrhardt, Florida Evidence § 407.1 (2d ed. 1984). The remaining point has no merit.

Affirmed.

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