GALLUB v. DEL VECCHIO

No. 73-1348.

301 So.2d 785 (1974)

Robert GALLUB, Appellant, v. Frank DEL VECCHIO and City of Miami Beach, Florida, a Municipal Corporation in the State of Florida, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 5, 1974.


Attorney(s) appearing for the Case

Milton Kelner, Miami, for appellant.

Horton, Perse & Ginsberg, Welsh & Carroll, Miami, for appellees.

Before PEARSON and HENDRY, JJ., and MELVIN, WOODROW M., Associate Judge.


PER CURIAM.

From a $12,000 judgment in his favor, the plaintiff, Robert Gallub, appeals. He seeks a new trial on the issue of damages.

Appellant was shot in both legs when a revolver, carried by the defendant, Frank Del Vecchio, at the time a police officer for the City of Miami Beach, discharged.

The defendant-appellee admitted liability for negligence, and the cause was tried before a jury only on the question...

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