METROPOLITAN DADE COUNTY v. COLINA

No. 83-406.

456 So.2d 1233 (1984)

METROPOLITAN DADE COUNTY, Appellant, v. Ramon V. COLINA, As Personal Representative of the Estate of Martha Colina, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 31, 1984.


Attorney(s) appearing for the Case

Robert A. Ginsburg, County Atty., and Craig H. Coller and Addison J. Meyers, Asst. County Attys., for appellant.

Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin and Joel S. Perwin, Spence, Payne, Masington & Grossman, Miami, for appellee.

Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.


NESBITT, Judge.

Dade County appeals a final judgment rendered on a jury verdict in a wrongful death action. The county argues that the trial court erred in refusing to direct a verdict in its favor because any negligence on the county's part was not the proximate cause of Martha Colina's death. We agree and reverse.

On June 20, 1980 at about 10:00 p.m., Ramon Colina was driving his van southbound on S.W. 16th Avenue in Miami. Ramon's wife, Martha, was seated...

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