SMITH v. ALLISON

No. 75-703.

332 So.2d 631 (1976)

Malcolm K. SMITH and State Farm Fire and Casualty Company, Appellants, v. Leo J. ALLISON, Appellee.

District Court of Appeal of Florida, Third District.

On Rehearing May 26, 1976.


Attorney(s) appearing for the Case

Walton, Lantaff, Schroeder, Carson & Wahl and Wayne T. Gill, Miami, for appellants.

Horton, Perse & Ginsberg, Brumer, Moss, Cohen & Rodgers, Miami, for appellee.

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


PEARSON, Judge.

Defendants Malcolm Smith and State Farm Fire and Casualty Company appeal an $18,000 judgment entered against them upon a jury verdict in an action seeking recovery under Fla. Stat. Chapter 767 for damages suffered by plaintiff Leo Allison, who lost control of his motorcycle when defendant Smith's dog ran into his path of travel on the roadway.

The principal point on appeal urges error upon the trial court's denial of defendants' motions for...

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