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

No. 80-146.

392 So.2d 11 (1980)

Sylvia MARTIN, As Personal Representative of the Estate of Robert Smith Martin, Deceased, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois Corporation, Public Service Car Leasing Co., Inc., a Maryland Corporation, and Hardgrove Spofford Norris, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 30, 1980.


Attorney(s) appearing for the Case

Geoffrey B. Dobson, of Meredith, Dobson & Cushman, St. Augustine, for appellant.

Emory P. Cain, Jacksonville, for appellees.


DAUKSCH, Chief Judge.

This is an appeal from a judgment in a personal injury case in which a young boy was killed. The trial court allowed three errors to infect the trial and for that we must reverse the judgment and remand this case for retrial.

First, a juror was improperly impaneled over the plaintiff's challenge for cause after all preemptory challenges had been exhausted. The juror was employed at the hospital which processed the claim for insurance...

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