ZURLINE v. LEVESQUE

No. 93-1534.

642 So.2d 1169 (1994)

Theresa ZURLINE, Appellant, v. Paula LEVESQUE, Brian Kelly and John Kelly, Appellees.

District Court of Appeal of Florida, Fourth District.

September 28, 1994.


Attorney(s) appearing for the Case

Juan F. Torres, III of Blake & Torres, P.A., Fort Pierce, for appellant.

Gary E. Esler and Laurie S. Moss of Esler, Petrie & Salkin, P.A., Fort Lauderdale, for appellee-Paula Levesque.


WARNER, Judge.

Claiming that the trial court erred in submitting a seatbelt defense to the jury and that the verdict was contrary to the manifest weight of the evidence, appellant challenges a final judgment awarding her damages. We hold that the seatbelt defense should not have been submitted to the jury based on the evidence presented and that appellant is therefore entitled to a new trial on damages.

After surviving a broadside collision, appellant sued...

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