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WADDELL v. FAUST

No. 74-344.

310 So.2d 417 (1975)

Lolita M. WADDELL and Government Employees Insurance Company, Appellants, v. Trudy Frank FAUST, Appellee.

District Court of Appeal of Florida, Third District.

April 8, 1975.

Attorney(s) appearing for the Case

Bradford, Williams, McKay, Kimbrell, Hamann & Jennings and W. Sam Holland, Miami, for appellants.

Rentz, McClellan & Haggard, Miami, for appellee.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

PER CURIAM.

The defendant appeals an order granting a new trial after a verdict in plaintiff's favor, where the trial court held the verdict to be inadequate due to a jury finding that the defendant was 75% negligent and the plaintiff 25% negligent. The trial judge stated:

"In light of the Supreme Court's decision in Cloud v. Fallis, Fla. 1959, 110 So.2d 669, and the other authorities cited in the Plaintiff's Memorandum...

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