PINO v. KOELBER

No. 79-2245.

389 So.2d 1191 (1980)

Louis PINO and Diane Pino, Appellants, v. Fred KOELBER, an Individual, the City of Cape Coral, and the Aetna Insurance Company, a Foreign Corporation, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 12, 1980.


Attorney(s) appearing for the Case

John R. Snow of Pankow & Snow, Fort Myers, for appellants.

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, Fort Myers, for appellees.


GRIMES, Acting Chief Judge.

This is an appeal from a judgment for the defendants in a civil action for assault and battery. The primary issues are whether the court erred in allowing testimony concerning the lack of propensity for violence of the defendant Koelber and in permitting the introduction of specific evidence of collateral acts of violence on the part of the injured plaintiff.

Evidence presented at trial demonstrated that at approximately 1:45 on...

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