WEISSMAN v. STATE FARM MUT. AUTO. INS. CO.

No. 76-1309.

349 So.2d 749 (1977)

Robert WEISSMAN, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Willie Fleming, Scarlett Marquez, and Carlos Arturo Marquez, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 30, 1977.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg, Dunn & Johnson, Miami, for appellant.

Kuvin, Klingensmith & Lewis, Coconut Grove, for appellees.

Before PEARSON, BARKDULL and HUBBART, JJ.


PER CURIAM.

The appellant, as plaintiff, brought a personal injury action against several defendants, sounding in negligence. There were defenses raised of contributory negligence and assumption of the risk.

The jury was charged on the doctrine of assumption of risk and also on the doctrine of comparative negligence and, over the objection of the plaintiff, the jury was submitted a special interrogatory verdict which permitted it to apportion the negligence...

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