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FRAZIER v. OTIS ELEVATOR COMPANY

No. 94-276.

645 So.2d 100 (1994)

Jimmy FRAZIER, Appellant, v. OTIS ELEVATOR COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

November 9, 1994.

Attorney(s) appearing for the Case

Abramson & Magidson and John M. Abramson, Claudia B. Greenberg, Miami, for appellant.

Barwick, Dillian & Lambert and Thomas E. Ice, Miami Shores, for appellee.

Before HUBBART, GERSTEN and GREEN, JJ.

GREEN, Judge.

We affirm the final order granting a new trial filed on behalf of defendant Otis Elevator Company ("Otis").1 As a general rule, evidence of the occurrence or non-occurrence of prior accidents is admissible only if it pertains to the use of the same type of appliance or equipment under substantially similar conditions. Railway Express Agency, Inc. v. Fulmer,

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