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145 So. 2d 885

Fournier v. Lott

District Court of Appeal of Florida

Decided October 30, 1962

District Court of Appeal of Florida · decided 1962-10-30

Key passage — most relied on by later courts

“* $ * $ * * “ * * * While there is no question that a party is entitled to have appropriate instructions given to the jury, the particular instructions to be given depend upon the issues developed by the pleadings and supported by the evidence. Garrison v. Hertz Corporation, Fla.App.1961, 129 So.2d 452 ; Sirmons v. Pittman, Fla.App.1962, 138 So.2d 765 ; 32 Fla.Jur., Trial, § 141. * * ” ******”

quoted by 1 later decision, including Rodriguez v. Haller

Relies on 138 So. 2d 765 - Sirmons v. Pittman · 129 So. 2d 452 - Garrison v. Hertz Corporation

Good law ✅— No negative treatment on recordhow we know

Decided 1962-10-30

How this case has been cited

Cited by 6 later decisions — most recently December 1991

6 state decisions

301962197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Appellants, plaintiffs below, seek review of a judgment for the defendants entered pursuant to a jury verdict in a negligence action, wherein the appellants were seeking damages for injuries sustained by the appellant, Alice R. Fournier, when a motorcycle on which she was riding was involved in an accident with the appellees’ automobile.

¶2The principal point raised by the appellants in the instant case is that the lower court erred in failing to give a certain jury instruction on non-imputable neg*886ligence. While there is no question that a party is entitled to have appropriate instructions given to the jury, the particular instructions to be given depend upon the issues developed by the pleadings and supported by the evidence. Garrison v. Hertz Corporation, Fla.App. 1961, 129 So.2d 452; Sirmons v. Pittman, Fla.App.1962, 138 So.2d 765; 32 Fla.Jur., Trial, § 141. In the instant case, there is no basis for this instruction as the plaintiffs’ complaint and evidence traveled on the sole negligence of the defendants. Therefore, the only question to be decided by the jury was whether or not the defendants were guilty of negligence proximately causing the accident. The jury determined this issue in favor of the defendants. The record on appeal contains substantial, competent evidence to sustain the jury’s verdict, and we therefore affirm the order of the lower court.

¶3Affirmed.

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