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STATE FARM MUTUAL AUTO. INS. CO. v. TORTORICI

No. 96-3886.

708 So.2d 1016 (1998)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant/Cross-Appellee, v. Nicholas TORTORICI, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

April 1, 1998.

Attorney(s) appearing for the Case

Richard A. Sherman and Rosemary B. Wilder of Richard A. Sherman, P.A., and Glenda Goldlist of Thomas T. Grimmett, P.A., Fort Lauderdale, for appellant/cross-appellee.

Brian J. Glick of Glick & Retamar, Boca Raton, and Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, for appellee/cross-appellant.

PER CURIAM.

We find error in the trial court's entry of a directed verdict on Appellant's seat belt defense. Appellant presented competent evidence from which a jury could conclude that Appellee was comparatively negligent. See Ridley v. Safety Kleen Corp., 693 So.2d 934 (Fla.1996). Therefore, we reverse and remand for a new trial on liability and damages.

STONE, C.J., and GUNTHER and SHAHOOD...

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