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820 So. 2d 1076

Connell v. Riggins

District Court of Appeal of Florida · decided 2002-07-16

Relies on 429 So. 2d 1216 - Sikes v. Seaboard Coast Line R. Co.

Decided 2002-07-16

Robert Carter CONNELL, and Connell & Son, Inc., a Florida Corporation, Appellants,
v.
Mary RIGGINS and Bruce Riggins, individually, and Mary Riggins, as Guardian of the person and property of Caleb Riggins, Appellees.

No. 1D01-3844.

¶1District Court of Appeal of Florida, First District.

July 16, 2002.

¶2Stephen E. Day, and Rhonda B. Boggess, of Taylor, Day & Currie, Jacksonville, for Appellants.

¶3Fletcher Farrington, Savannah, Georgia; Robert F. Spohrer and Steven R. Browning, of Spohrer, Wilner, Maxwell & Matthews, P.A., Jacksonville, for Appellees.

¶4PER CURIAM.

¶5Appellants Robert Carter Connell and Connell & Son, Inc. argue that the trial court erred by (i) granting the appellees' motion for new trial, and (ii) admitting a driver's manual as evidence of the standard of care required when approaching a yellow flashing traffic light. We affirm the trial court's granting of appellee's motion for new trial because there was no abuse of discretion. However, we agree with appellants that the driver's manual should not have been admitted into evidence. See Sikes v. Seaboard Coast Line Railroad Co.,429 So.2d 1216 (Fla. 1st DCA 1983)(ruling that driver's handbook should not have been admitted into evidence).

¶6Affirmed in part and Reversed in part.

¶7DAVIS, VAN NORTWICK and POLSTON, JJ., concur.

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