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GARCIA-RIOS v. DADE CTY.

No. 80-675.

392 So.2d 309 (1980)

Norma GARCIA-RIOS, As Personal Representative of the Estate of Manuel Garcia-Rios, Deceased, Appellant, v. DADE COUNTY, a Political Subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 26, 1981.

Attorney(s) appearing for the Case

Goldstein Professional Ass'n and Phillip Goldstein, Miami, for appellant.

Robert A. Ginsburg, County Atty., and Jack M. Sobel, Asst. County Atty., for appellee.

Before BARKDULL, BASKIN and DANIEL S. PEARSON, JJ.

PER CURIAM.

The principal point on this appeal is whether or not a Metro bus driver is an interested party within the "deadman's" statute, Section 90.05, Florida Statutes (1977), and therefore precluded from testifying in a negligence action brought against his employer, Metropolitan Dade County.

We hold that the bus driver, not being a party to the litigation, is not an "interested" party within the meaning of the statute and, therefore, the trial judge was...

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