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PREMER v. STATE, DEPARTMENT OF TRANSPORTATION

No. 73-1467.

300 So.2d 737 (1974)

Seymour PREMER, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Third District.

October 1, 1974.

Attorney(s) appearing for the Case

Bolles, Goodwin, Ryskamp & Welcher, Alfred Gustinger, Miami, for appellant.

Geoffrey B. Dobson and Winifred Sheridan Smallwood, Tallahassee, for appellee.

Before BARKDULL, C.J., and HAVERFIELD and NATHAN, JJ.

PER CURIAM.

This cause was tried before a jury between the time of the opinion of the Fourth District Court of Appeal in Jones v. Hoffman, Fla.App. 1973, 272 So.2d 529 and the opinion of the Supreme Court of Florida in Hoffman v. Jones, Fla. 1973, 280 So.2d 431, which relate to the propriety of a charge on comparative negligence.

The defendant pleaded, as affirmative defense in the trial...

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