FLORIDA POWER CORP. v. COPPOLA

No. 5D00-169.

765 So.2d 858 (2000)

FLORIDA POWER CORPORATION and David Ernest Johnson, Appellants, v. Jerry COPPOLA and his wife, Rosemarie Coppola, Appellees.

District Court of Appeal of Florida, Fifth District.

August 18, 2000.


Attorney(s) appearing for the Case

Daniel A. Amat of Sims, McCarty, Amat & Stakenborg, P.A., Ocala, for Appellants.

Robert W. Batsel of McClellan, Vostrejs & Batsel, P.A., Ocala, for Appellees.


HARRIS, J.

How many times must a jury return a particular verdict before its decision can withstand a motion for new trial? In this case, we believe the answer is "two" and affirm.

The Coppolas alleged that they were injured in a collision with Johnson, who was driving a Florida Power truck, because of Johnson's negligence. A jury returned a defense verdict in favor of Johnson and Florida Power. The trial judge, finding that Johnson must have been negligent...

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