MENARD v. O'MALLEY

No. 75-165.

327 So.2d 905 (1976)

Richard Lee MENARD and John W. Menard, Appellants, v. John Phillip O'MALLEY, Etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 3, 1976.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg, Miami, Nance & Cacciatore, Melbourne, for appellants.

Fowler, White, Burnett, Hurley, Banick & Knight, Miami, for appellees.

Before PEARSON and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


PEARSON, Judge.

The plaintiff, who is the appellant here, was struck by defendant's truck when, as a pedestrian, he attempted to cross U.S. 1 in Monroe County. The cause was tried before a jury and the defendant received a verdict and judgment. The single question presented on appeal is whether the court erred in refusing to give one or more of defendant's requested instructions. We hold that reversible error has been demonstrated because of the court's refusal to...

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