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CITY OF WINTER HAVEN v. ALLEN

No. 90-02340.

589 So.2d 968 (1991)

CITY OF WINTER HAVEN, a Florida Municipal Corporation, Appellant, v. Elaine ALLEN, As Personal Representative of the Estate of Waymon D. Allen, On Behalf of the Estate and the Survivors, Elaine Allen and Clinton Carl Allen, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 17, 1991.

Attorney(s) appearing for the Case

Clifford J. Schott, Lakeland, for appellant.

Robin Gibson of Gibson & Lilly, Lake Wales, for appellee.

ALTENBERND, Judge.

We affirm the trial court's order granting the plaintiff a new trial. Although we have reservations concerning several of the reasons for new trial described in the order, at least one of the reasons is adequate and supported by the record.

The jury in this case decided that a Winter Haven police officer negligently shot Waymon D. Allen, a Polk County deputy sheriff. This incident is generally described in an earlier opinion. City of...

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