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ORTEGA v. PERRINI & SONS, INC.

No. 78-1849.

371 So.2d 203 (1979)

Cruz ORTEGA and Higinia Ortega, His Wife, Appellants, v. PERRINI and SONS, INC., d/b/a Western Auto of Wauchula and Fidelity and Casualty of New York, a Foreign Corporation, Appellees.

District Court of Appeal of Florida, Second District.

May 18, 1979.

Attorney(s) appearing for the Case

Abraham L. Bassie and Joel V. Lumer of Kaplan, Sicking, Hessen, Sugarman, Rosenthal & Zientz, Miami, for appellants.

Chris W. Altenbernd of Fowler, White, Gillen, Boggs, Villareal & Banker, Tampa, for appellees.

SCHEB, Judge.

The trial court awarded a new trial to appellees, defendants below, finding on the basis of facts developed in a posttrial interview of jurors that matters not in evidence had been considered. We reverse.

Appellants Cruz Ortega and Higinia Ortega sued appellees for damages for personal injuries they sustained when their truck, which was being serviced by appellee Western Auto, fell on Cruz Ortega breaking his back. The jury awarded damages of...

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