CARVAJAL v. ALVAREZ

No. 83-2532.

462 So.2d 1156 (1984)

Agustin CARVAJAL, As Personal Representative of the Estate of Rodolfo Carvajal, a Minor, for the Benefit of Agustin Carvajal, Individually, and Irmina Carvajal, Appellant, v. Rafael ALVAREZ, Sr., Elvira Alvarez, Rafael Alvarez, Jr., Osvaldo Alvarez, a Minor, and Southeastern Fire Insurance Company, a Foreign Corporation, Appellees.

District Court of Appeal of Florida, Third District.

November 13, 1984.


Attorney(s) appearing for the Case

Magill, Reid, Lewis & Ricca and R. Fred Lewis, Miami, for appellant.

Leland E. Stansell, Jr. and Joel E. Bernstein, Miami, for appellees.

Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ.


SCHWARTZ, Chief Judge.

The plaintiff-appellant's decedent, a fifteen year-old boy, fell off a horse as a result of riding in an allegedly dangerous fashion behind another rider on a single saddle. The sole point on appeal claims that the trial court improperly instructed the jury on the question of whether the boy had assumed the risk of injury so as to bar recovery. Since the jury could properly have concluded that his conduct constituted an "aberrant" form of the...

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