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PORTER v. VISTA BLDG. MAINTENANCE SERV.

No. 92-1914.

630 So.2d 205 (1993)

Timothy PORTER, Appellant/Cross-Appellee, v. VISTA BUILDING MAINTENANCE SERVICES, INC., Appellee/Cross-Appellant.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 15, 1994.

Attorney(s) appearing for the Case

David Stone, for appellant/cross-appellee.

Richard A. Sherman and Rosemary B. Wilder, Ft. Lauderdale; Alan L. Landsberg and Carol Riordan Seiderman, Hollywood, for appellee/cross-appellant.

Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ.

PER CURIAM.

The denial of the plaintiff's pretrial motion for an order prohibiting the defendant from injecting evidence of the plaintiff's previous abuse of alcohol into the slip-and-fall trial was erroneous. Where, as here, it was undisputed that the plaintiff was sober at the time of the incident, the probative value of such evidence, if any, was substantially outweighed by the danger of unfair prejudicial effect. § 90.403, Fla. Stat. (1991); Riggins v...

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