HARGROVE v. CSX TRANSP., INC.

No. 93-00804.

631 So.2d 345 (1994)

WALLACE L. HARGROVE, SR., APPELLANT, v. CSX TRANSPORTATION, INC., A CORPORATION, APPELLEE.

District Court of Appeal of Florida, Second District.

February 4, 1994.


Attorney(s) appearing for the Case

The Beckham Firm, Jacksonville, and Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, for appellant.

A.J. Melkus and Dan Fleming of Melkus & Hunter, Tampa, for appellee.


BLUE, Judge.

Wallace L. Hargrove, Sr., the plaintiff below, seeks reversal of the trial court's order granting CSX Transportation's motion for a new trial. We reverse because CSX failed to preserve by objection the issue which it contends entitled it to a new trial.

During jury deliberations, it was discovered that the bailiff had delivered the court's copy of the jury instructions to the jury room. The instructions were delivered without the knowledge of...

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