SAFEWAY INSURANCE COMPANY v. SAXON

Nos. 83-1984, 83-1985.

452 So.2d 60 (1984)

SAFEWAY INSURANCE COMPANY and Bruce D. Sutton, Appellants, v. Darlene SAXON, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 25, 1984.


Attorney(s) appearing for the Case

Parrillo, Weiss & Moss, Miami, Ronald D. Poltorack, Fort Lauderdale, for appellants.

Hershoff & Levy and Jay Levy, Miami, for appellee.

Before BARKDULL, HUBBART and NESBITT, JJ.


BARKDULL, Judge.

On the second day of a jury trial in a negligence action, the defendant failed to appear. Counsel moved for a continuance, which was denied. Then counsel moved the court to permit the defense to read the defendant's pretrial deposition, which was denied. During the closing argument plaintiff's counsel did not argue damages. In closing argument, defense counsel called upon the jury to return a "zero verdict" and "not giving her a cent". Thereafter...

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