DONALDSON v. CENAC

No. 95-756.

675 So.2d 228 (1996)

Brian DONALDSON and Linda Donaldson, his wife, Appellants, v. Dwight CENAC, Appellee.

District Court of Appeal of Florida, First District.

June 18, 1996.


Attorney(s) appearing for the Case

Donald Ray Coleman, Jr. of Wood, Atter & Coleman, P.A., Jacksonville, and Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, for Appellants.

Kristen M. Van Der Linde of Boyd & Jenerette, P.A., Jacksonville, for Appellee.


BENTON, Judge.

Brian Donaldson and Linda Donaldson, his wife, contend that the trial court erred in submitting to the jury the question whether Mr. Donaldson assumed the risk of a back injury he alleged he sustained at Dwight Cenac's hands. They argue that the jury should have been instructed instead to assess responsibility for the alleged injury in keeping with principles of comparative negligence. We agree, and reverse and remand for a new trial.

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