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ERIE INS. CO. v. BUSHY

No. 80-718.

394 So.2d 228 (1981)

ERIE INSURANCE COMPANY and Margaret Borman, Appellants, v. Brenda Ragland BUSHY, Appellee.

District Court of Appeal of Florida, Fifth District.

February 25, 1981.

Attorney(s) appearing for the Case

Alfred A. Green, Jr., Daytona Beach, for appellants.

Janet L. Brown, of Haas, Boehm, Brown & Rigdon, Daytona Beach, for appellee.

SHARP, Judge.

Erie Insurance Company appeals from a final judgment after a jury verdict awarding Bushy damages of $45,000.00. Erie claims some remarks of trial counsel for Bushy were so inflammatory and prejudicial, it should be granted a new trial. Under the circumstances in this case, we agree.

Erie had admitted liability, and the lawsuit concerned the amount of damages only. Counsel for Erie and its insured, Margaret Borman, appeared at trial. Counsel for...

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