MASKALL v. WICKBERG

No. V-203.

304 So.2d 484 (1974)

Albert George MASKALL and Leatherby Insurance Company, a California Corporation, Appellants, v. Irene WICKBERG, Appellee.

District Court of Appeal of Florida, First District.

December 10, 1974.


Attorney(s) appearing for the Case

John S. McEwan, II, of Sanders, McEwan, Mims & McDonald, Orlando, for appellants.

Philip H. Blackburn of Billings, Frederick, Wooten & Honeywell, Orlando, for appellee.


PER CURIAM.

We have considered the record, briefs and arguments of counsel and find that the evidence forms no basis for the trial judge to have instructed the jury on assumption of risk. Also, the trial judge was correct in refusing to grant appellant's motion for entry of judgment N.O.V. and in denying the alternative motion for new trial. The evidence was sufficient for the jury to determine that the sole proximate cause...

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