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SUAREZ v. GODFREY

No. 74-603.

306 So.2d 138 (1975)

Jose A. SUAREZ, Appellant, v. George E. GODFREY et al., Appellees.

District Court of Appeal of Florida, Fourth District.

January 17, 1975.

Attorney(s) appearing for the Case

Thomas A. Hoadley, of Howell, Kirby, Montgomery, D'Aiuto & Dean, and Edward W. Starr, West Palm Beach, for appellant.

Stephen C. McAliley, of Carlton, Brennan, McAliley, Albury & Hayskar, West Palm Beach, for appellees.

PER CURIAM.

Trial court granted a new trial in a negligence action resulting from an intersection collision between vehicles. Three grounds therefor were assigned:

"(1) The verdict was contrary to the manifest weight of the evidence. "(2) The court erred in failing to instruct the jury that any award against the defendant Brown should be diminished in the amount proportionate to the negligence of defendant Smith; "(3) Defendant Smith,...

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