SMITH v. CANEVARY

No. 88-2116.

553 So.2d 1312 (1989)

Leon SMITH, As Father and Next Friend of Rachael Smith and Jeremy Smith, Minors and Leon Smith, Individually; Linda Spiegel, As Mother and Next Friend of Francine Spiegel, a Minor and Linda Spiegel, Individually; Marvin Schwartz, As Father and Next Friend of Allison Schwartz, a Minor and Marvin Schwartz, Individually, Appellants, v. Gary CANEVARY, Appellee.

District Court of Appeal of Florida, Third District.

December 12, 1989.


Attorney(s) appearing for the Case

Hoppe, Backmeyer & Nelson, and Terry S. Nelson, Miami, for appellants.

Stansell & Rice and Angel L. Gimenez, Miami, for appellee.

Before HUBBART, NESBITT and FERGUSON, JJ.


HUBBART, Judge.

This is an appeal by the plaintiffs from a final judgment entered upon an adverse jury verdict in a negligence action arising from a motor vehicle accident. The sole question presented for review is whether the trial court committed reversible error in instructing the jury, over objection, on the doctrine of unavoidable accident. We hold that reversible error is presented by the giving of this instruction and, accordingly, reverse for a new trial....

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