REX UTILITIES, INC. v. GADDY

No. 79-2141.

413 So.2d 1232 (1982)

REX UTILITIES, INC. and United States Fidelity & Guaranty Co., Appellants, v. David L. GADDY, As Personal Representative of Karen Sue Gaddy, a Deceased Minor, for the Benefit of the Decedent's Estate; David L. Gaddy, Individually; and Merry A. Gaddy, Individually, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 1, 1982.


Attorney(s) appearing for the Case

Steven R. Berger, Miami, for appellants.

High, Stack, Lazenby, Bender, Palahach & Lacasa and Charles R. Stack, Coral Gables, for appellees.

Before HUBBART, C.J., and BASKIN and DANIEL S. PEARSON, JJ.


HUBBART, Chief Judge.

The central issue raised by this appeal is whether a defendant in a negligence action arising out of a motorcycle accident is entitled to introduce evidence and argue to the jury as a comparative negligence defense that the plaintiff was not wearing protective headgear at the time the accident occurred in violation of Section 316.211(1), Florida Statutes (1977), where the defendant establishes that: (1) the plaintiff was of

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