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CLOONEY v. GEETING

Nos. 76-1583 to 76-1585, 76-1596 to 76-1598.

352 So.2d 1216 (1977)

David J. CLOONEY, Appellant, v. Douglas Wayne GEETING, V.E. Anderson Mfg. Co., Liberty Mutual Insurance Co., Appellees. Amaro SAUMELL and Dianne Saumell, Appellants, v. Douglas Wayne GEETING, V.E. Anderson Mfg. Co., Liberty Mutual Insurance Co., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 6, 1978.

Attorney(s) appearing for the Case

J.B. Spence of Spence, Payne & Masington, Miami, and Robert Orseck of Podhurst, Orseck & Parks, Miami, for appellant Clooney.

Charles H. McQuillan of McQuillan & Beltz, Bradenton, for appellants Amaro Saumell and Dianne Saumell.

Daniel A. Carlton of Dart, Dickinson, O'Riorden, Gibbons & Quale, Sarasota, for appellees.

SCHEB, Judge.

These consolidated appeals are from a final judgment adjudicating claims arising out of a motor vehicle accident. We hold the trial court erred in refusing to instruct the jury on concurrent causation. We order a new trial.

A recitation of the basic facts elicited at the trial is essential to the understanding of the issues before us. Thus, we go back to the morning of January 24, 1975, when Dianne...

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