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342 So. 2d 986

Docket Nos. 76-116 to 76-118.

Mosca v. Middleton

Margo A. MOSCA, Appellant, v. Robert MIDDLETON, Appellee.

District Court of Appeal of Florida

Decided February 1, 1977.

Rehearing Denied February 25, 1977.

District Court of Appeal of Florida · decided 1977-02-01

Cited by 3 later decisions — most recently July 1985

3 state decisions

Relies on 280 So. 2d 431 - Hoffman v. Jones · 330 So. 2d 751 - Petroleum Carrier Corporation v. Gates · 220 So. 2d 917 - Henry v. Britt

Good law ✅— No negative treatment on recordhow we know

Decided 1977-02-01

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¶1*987 Richard M. Gale, Stephens & Schwartz, Franklin D. Kreutzer, Miami, for appellant.

¶2Horton, Perse & Ginsberg, P.J. Carroll & Associates, Adams, George, Lee & Schulte and David L. Willing, Miami, for appellee.

¶3Before HENDRY, C.J., and BARKDULL and NATHAN, JJ.

¶4PER CURIAM.

¶5The appellant contends that where evidence at a trial discloses that plaintiff and defendant entered a traffic intersection against a red light (plaintiff making a left turn and the defendant coming in the opposite direction at a considerable rate of speed), the jury must find the plaintiff negligent to some degree and, therefore, must apportion damages under the doctrine of comparative negligence.

¶6We do not agree. A jury may find that the defendant's negligence was the sole proximate cause of the accident. Even if the plaintiff was negligent, his negligence may not have contributed to the proximate cause of the accident. Henry v. Britt,220 So.2d 917 (Fla. 4th D.C.A. 1969); Vertommen v. Williams,287 So.2d 116 (Fla. 4th D.C.A. 1974); Petroleum Carrier Corporation v. Gates,330 So.2d 751 (Fla. 1st D.C.A. 1976); Compare Hoffman v. Jones,280 So.2d 431 (Fla. 1973).

¶7Therefore, the jury verdict and final judgment here under review be and the same are hereby affirmed.

¶8Affirmed.

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