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TOMSEY v. STONE

No. 90-0401.

568 So.2d 1335 (1990)

Frank G. TOMSEY, Appellant, v. Martin S. STONE and Sue E. Stone, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 30, 1990.

Attorney(s) appearing for the Case

Robert S. Lyons, Fort Lauderdale, for appellant.

Mitchell J. Panter of Buschbom, Panter & Panter, Miami, for appellees.

PER CURIAM.

We reverse and remand this case for a new trial as to the issues of liability and damages. In this automobile accident case, the jury found coappellee/codefendant/Sue Stone ("Stone") to be 60% negligent and the appellant/plaintiff/Frank Tomsey ("Tomsey") to be 40% comparatively negligent and awarded Tomsey $36,000.00 in damages. Tomsey asserts that both the percentages of fault assigned by the jury to Tomsey and Stone and the jury's award of damages was...

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