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DYES v. SPICK

No. 91-1816.

606 So.2d 700 (1992)

Jack W. DYES and Ann Dyes, his wife, Appellants, v. Glenn J. SPICK and Florida Coca-Cola Bottling Company, a foreign corporation, Appellees.

District Court of Appeal of Florida, First District.

October 12, 1992.

Attorney(s) appearing for the Case

Mark G. Usdin and Dennis R. Schutt of Coker, Myers, Schickel, Cooper & Sorenson, Jacksonville, for appellants.

Jack W. Shaw, Jr. and Michael J. Obringer of Osborne, McNatt, Shaw, O'Hara, Brown & Obringer, Jacksonville, for appellees.

KAHN, Judge.

In this personal injury action, Mr. and Mrs. Dyes appeal the trial court's refusal to grant them a new trial on (1) Mr. Dyes' noneconomic damages, and (2) Mrs. Dyes' derivative claim. We affirm on the second issue, but reverse on the first, finding that the record before us compels a new trial as to one aspect of Jack Dyes' noneconomic damages.

On August 11, 1989, Mr. Dyes' dump truck was struck by another truck owned by Coca-Cola Bottling Company...

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