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EVANS v. HAMILTON

No. 4D03-4398.

885 So.2d 950 (2004)

Terence EVANS and Edwina Evans, Appellants, v. Wesley P. HAMILTON and Karena R. Hamilton, Appellees.

District Court of Appeal of Florida, Fourth District.

October 27, 2004.

Attorney(s) appearing for the Case

Samuel M. Spatzer and Peter Oppenheimer of Samuel M. Spatzer, P.A., Coral Gables, for appellants.

Mark M. Carroll of Law Office of Michael W. Whitaker, Plantation and Betsy E. Gallagher and Michael C. Clarke of Cole, Scott & Kissane, P.A., Tampa, for appellees.

WARNER, J.

Appellants, Terence and Edwina Evans, sued appellees, Wesley and Karena Hamilton, for injuries suffered in an automobile accident. After trial, the jury returned a verdict for the Hamiltons, finding no negligence. During the trial and over the Evanses' objection, the Hamiltons cross-examined Mr. Evans as to his refusal to submit to a blood-alcohol test. He contends that this violated the accident report privilege provided in section 316.066, Florida Statutes...

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