Florida District Courts of Appeal, 1998

State Farm Mutual Automobile Insurance v. Tortorici

State Farm Mutual Automobile Insurance v. Tortorici
Florida District Courts of Appeal · Decided April 1, 1998 · Gunther, Shahood, Stone
708 So. 2d 1016; 1998 Fla. App. LEXIS 3207; 1998 WL 144898 (Southern Reporter, Second Series)

State Farm Mutual Automobile Insurance v. Tortorici

Opinion of the Court

PER CURIAM.

We find error in the trial court’s entry of a directed verdict on Appellant’s seat belt defense. Appellant presented competent evidence from which a jury could conclude that Appellee was comparatively negligent. See Ridley v. Safety Kleen Corp., 693 So.2d 934 (Fla. 1996). Therefore, we reverse and remand for a new trial on liability and damages.

STONE, C.J., and GUNTHER and SHAHOOD, JJ., concur.

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