Vanegas v. A.J. Capeletti, Inc.
Vanegas v. A.J. Capeletti, Inc.
Opinion of the Court
Plaintiff appeals a final judgment in favor of defendant A.J. Capeletti, Inc. in a wrongful death action. We reverse and remand for a new trial.
We find error in the trial court’s refusal to give plaintiffs requested instruction as to the effect of defendant’s violations of a local ordinance and a Miami-Dade County Code provision. The record reveals that “the requested instruction(s) contained an accurate statement of the law, the facts in the case supported a giving of the instructions, and the instructions were necessary for the jury to properly resolve the issues in the case.” Gonzalez v. Rose, 752 So.2d 39, 41 (Fla. 3d DCA 2000). First, Capelleti does not dispute .that the instruction requested is an accurate statement of the law. Second, the evidence at trial supported giving the requested instruction. Finally, the instruction was necessary for the jury’s proper resolution of the effect of the defendant’s alleged statutory violations.
The disposition of the instruction issue makes it unnecessary to reach the remaining issue on appeal.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.