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FLORIO v. ENG

No. 4D03-1570.

879 So.2d 678 (2004)

Maximillion A. FLORIO, Appellant, v. Robert Tyler ENG, Appellee.

District Court of Appeal of Florida, Fourth District.

August 11, 2004.

Attorney(s) appearing for the Case

Arnold R. Ginsberg of Ginsberg & Schwartz, and Murray B. Epstein of Murray B. Epstein, P.A., Miami, for appellant.

Frances F. Guasch of Luis E. Ordonez & Associates, Miami, for appellee.

STONE, J.

Plaintiff appeals a judgment following a verdict in favor of Defendant. We reverse. The trial court denied Plaintiff's request to charge the jury on an essential issue in the case where the evidence supported giving a charge on violation of section 316.084(2), Florida Statutes, governing vehicles passing on the right.

The parties disagree as to the accident details. Plaintiff was driving a truck, with an...

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