DIAMANTIS, Judge.
Eaton Construction Company appeals the denial of its motion for new trial in this wrongful death action brought by appellee Ronald Edwards, as personal representative. Eaton contends that the trial court erred in instructing the jury that a violation of section 316.1975, Florida Statutes (1989), was evidence of negligence because that statute was inapplicable to the facts of this case. We agree and reverse.
This is the third appeal arising...
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