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STATE, OFFICE, STATE ATTY. v. POWELL

No. 90-02517.

586 So.2d 1180 (1991)

STATE of Florida, OFFICE OF the STATE ATTORNEY FOR the THIRTEENTH JUDICIAL CIRCUIT, Appellant, v. Ruby Whylly POWELL, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 15, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Louis F. Hubener, Asst. Atty. Gen., Tampa, for appellant.

Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, Brown, Terrell, Hogan & Ellis, P.A., Jacksonville, and Wagner, Cunningham, Vaughan & McLaughlin, P.A., Tampa, for appellee.

Barbara Green and Dawn Euringer of Freidin, Hirsh & Green, Miami, and Karen J. Hass, Miami, amicus curiae/The Academy of Florida Trial Lawyers and Florida Ass'n for Women Lawyers, Dade County Chapter.

PARKER, Judge.

The State of Florida, Office of the State Attorney for the Thirteenth Judicial Circuit, appeals a final judgment entered against the state attorney and in favor of Ruby Whylly Powell. Powell filed a negligence claim against the state attorney, based upon the fact that she was set on fire by her husband when she appeared in court in response to a state attorney subpoena. The jury assessed damages of $2,300,000 and found Powell fifty percent negligent...

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