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BURKE v. DADE COUNTY

No. 80-338.

390 So.2d 797 (1980)

Steven BURKE, Appellant, v. DADE COUNTY, a Political Subdivision of the State of Florida and Arthur Joseph Tauriac, Individually, Appellees.

District Court of Appeal of Florida, Third District.

December 2, 1980.

Attorney(s) appearing for the Case

Colson & Hicks and Bill Hoppe, Miami, for appellant.

Robert A. Ginsburg, County Atty., and Robert L. Blake, Asst. County Atty., for appellees.

Before BARKDULL, HENDRY and BASKIN, JJ.

PER CURIAM.

We affirm the trial court's refusal to instruct the jury regarding a statute not brought into issue by the evidence: Testimony established that the vehicle in question was stopped for traffic, rather than for the pedestrian (plaintiff). But see § 316.130, Fla. Stat. (1977).

We similarly affirm the court's denial of plaintiff's motion for directed verdict. See Stresscon International, Inc. v. Helms, 390 So.2d...

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