PARKER v. MONTGOMERY

No. 87-656.

529 So.2d 1145 (1988)

Kenneth Howard PARKER and Sprayberry Trucking Company, Inc., Appellants, v. Ervin MONTGOMERY, Sr., et al., Appellees.

District Court of Appeal of Florida, First District.

April 20, 1988.


Attorney(s) appearing for the Case

Patricia Guilday and Fred M. Johnson of Fuller, Johnson & Farrell, Tallahassee, for appellants.

Kenneth L. Connor and D. Lance Langston of Connor & Martinez; and Cecil L. Davis, Tallahassee, for appellees.


ERVIN, Judge.

Appellants/defendants appeal from a judgment entered in a wrongful death action awarding damages in the sum of $650,238.00 to the parents of their deceased 18-month-old child, Stephen Montgomery. They argue that the lower court erred in striking their affirmative defense of mitigation of damages and in refusing to allow evidence relating to the negligent failure of the mother to place Stephen in a child restraint device. We affirm.

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