SMITH v. MARTIN

No. 97-0780.

707 So.2d 924 (1998)

Raymond Edward SMITH, Appellant, v. Chryl MARTIN, as Personal Representative of the Estate of David Martin, Deceased, and on Behalf of the survivors of the Estate of David Martin, Appellees.

District Court of Appeal of Florida, Fourth District.

March 11, 1998.


Attorney(s) appearing for the Case

Michael R. Kirby of Knecht, Knecht & Kirby, Coral Gables, for appellant.

Joel S. Perwin of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, for appellee.


PER CURIAM.

This is an appeal from a final judgment in which the jury found appellant to be grossly negligent when he ran over a co-worker in the employer's truck. While appellant contends the facts do not reach the level of gross negligence, we are unable to say it was error to leave the issue with the jury.

Although appellant was not entitled to a directed verdict and subsequent motions on the issue of gross negligence, he is entitled to a new trial as the...

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