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347 So. 2d 826

Docket No. 76-1028.

Dorsett v. Dion

Birdie DORSETT, Appellant, v. Lawrence Roger DION, Sr., and Lawrence Roger Dion, Jr., Appellees.

District Court of Appeal of Florida · decided 1977-07-06

Key passage — most relied on by later courts

“that the plaintiff's injury may well have resulted from her own inexperience and her inability to handle her own car.”

quoted by 1 later decision, including 58 Wash. App. 704 - Holz v. Burlington Northern Railroad

Relies on Goldner v. Lentin ex rel. Lentin

Good law ✅— No negative treatment on recordhow we know

Decided 1977-07-06

How this case has been cited

Cited by 7 later decisions — most recently September 2013

7 state decisions

2019771980199020002010decided

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.

View the full empirical analysis of this case →

¶1*827 Bradford, Williams, McKay, Kimbrell, Hamann & Jennings and W. Sam Holland, Miami, for appellant.

¶2Edward B. Johnson, Jr., Key West, for appellees.

¶3Before HENDRY, C.J., and PEARSON and HAVERFIELD, JJ.

¶4PER CURIAM.

¶5The plaintiff appeals a final judgment upon a jury verdict and assigns as error the denial of her motion for a new trial which was predicated upon an alleged inadequate verdict. The cause was an automobile negligence action tried under the theory of comparative negligence. We affirm.

¶6The only point requiring discussion here is appellant's contention that the trial court erred in allowing evidence that the plaintiff was illegally driving with a learner's permit at the time of the accident. She relies upon the holding of this court in Goldner v. Lentin,96 So.2d 553 (Fla. 3d DCA 1957), for reversible error. In that case, the court held that the refusal of a trial court to admit into evidence that the driver of a motor scooter was operating the scooter under a restricted driver's license was not error where there was no causal connection between the collision and the fact that the operator of the scooter was operating the scooter under a restricted driver's license. In the present case, the trial court admitted the evidence upon his determination that it was relevant and that it could be found to have causal connection. We think that the trial judge was right in each instance. In this case, it is clear that there was no contact between plaintiff's automobile and defendant's automobile and that the plaintiff's injury may well have resulted from her own inexperience and her inability to handle her own car.

¶7Affirmed.

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