FLORIDA BOARD OF EDUCATION v. ANDREWS

No. 1D04-0767.

903 So.2d 1048 (2005)

The FLORIDA BOARD OF EDUCATION, Appellant, v. Patricia Ann ANDREWS, Personal Representative of the Estate of Christopher Wayne Andrews, Appellee.

District Court of Appeal of Florida, First District.

June 17, 2005.


Attorney(s) appearing for the Case

Charlie Crist, Attorney General; Linzie F. Bogan, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellant.

Aaron Metcalf of Farah, Farah & Abbott, Jacksonville, for Appellee.


PER CURIAM.

Christopher Andrews was tragically killed when his car collided with a cow, owned by the University of Florida, on highway 241. The main issue at trial was whether the University's negligence allowed the cow to get onto the highway. On the issue of negligence, the trial court committed reversible error by instructing the jury that the defendant's alleged failure to comply with section 588.01, Florida Statutes, could be considered as evidence of the defendant...

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