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PARKER v. MAULE INDUSTRIES, INC.

No. V-274.

321 So.2d 106 (1975)

Raymond C. PARKER, Sr., and Patricia A. Parker, His Wife, Appellants (Plaintiffs), v. MAULE INDUSTRIES, INC., a Florida Corporation, Appellee (Defendant).

District Court of Appeal of Florida, First District.

October 29, 1975.

Attorney(s) appearing for the Case

Anthony I. Provitola and Michael McDermott, of Provitola & McDermott, Deland, for appellants.

Alfred A. Green, Jr., of Green, Strasser & Hammond, Daytona Beach, for appellee.

MILLS, Judge.

Plaintiffs seek review of an adverse final judgment entered in a negligence action following a jury trial.

The issue here is whether the trial court erred in giving the jury Florida Standard Jury Instruction 3.8 which charged the jury that assumption of the risk was a complete bar to plaintiffs' recovery. The trial court erred.

Plaintiffs' complaint alleges that defendant negligently operated...

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