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DAVIS v. PFUND

No. 85-810.

479 So.2d 230 (1985)

Edwina H. DAVIS and Jeff V. Davis, Appellants, v. Gene H. PFUND, Irma Pfund, and the Insurance Company of North America, a Foreign Corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 30, 1985.

Attorney(s) appearing for the Case

Fred Butner, Key West, James C. Blecke, Miami, for appellants.

Papy, Poole, Weissenborn & Papy and John G. Poole, Jr., Coral Gables, for appellees.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.

PER CURIAM.

We agree with the plaintiffs/appellants that it was error for the trial court to have excluded the plaintiffs' witness, James Elwood, from testifying. The trial court's stated reason for not permitting the testimony was that, following the pretrial conference and the closure of discovery, Mr. Elwood had returned to the scene of the accident and taken certain measurements in order to clarify his original drawings. The trial court concluded that Elwood's...

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