ZUPPARDO v. O'HARE

No. 85-1051.

487 So.2d 39 (1986)

Michael ZUPPARDO, Appellant, v. Diana O'HARE, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 17, 1986.


Attorney(s) appearing for the Case

Charles J. Cheves of Cheves & Rapkin, Venice, for appellant.

L. Floyd Price and Dale L. Price of Price & Price, Chartered, Bradenton, for appellee.


CAMPBELL, Judge.

Appellant appeals the jury verdict in favor of appellee and the resulting final judgment of the trial court. We reverse.

The cause of action below arose out of an accident that occurred when appellant's automobile collided with appellee's horse which had strayed onto U.S. Highway 41, in Sarasota County, at approximately 1:25 a.m., on August 14, 1983. Appellant's twocount complaint below alleged in count I that the horse, owned by appellee...

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