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DO & CO MIAMI CATERING, INC. v. CHAPMAN

No. 3D04-2351.

899 So.2d 1236 (2005)

DO & CO MIAMI CATERING, INC., Appellant, v. Craig CHAPMAN, Appellee.

District Court of Appeal of Florida, Third District.

April 20, 2005.

Attorney(s) appearing for the Case

Butler, Pappas, Weihmuller, Katz, Craig, LLP., and Anthony J. Russo, Tampa; Eric M. Zivitz, and William Linero, Jr., Miami, for appellant.

Jay S. Weiss (Ft. Lauderdale); Craig W. Lekach (Ft. Lauderdale), for appellee.

Before GREEN, RAMIREZ, and SUAREZ, JJ.

PER CURIAM.

DO & CO Miami Catering, Inc., appeals a final judgment in Craig Chapman's negligence action. We affirm.

Chapman suffered a herniated disc when a DO & CO truck, driven by an employee, struck his car. DO & CO asserted that the injury was a degenerative condition, and that Chapman's failure to wear a seatbelt contributed to the injury. Chapman testified that he was wearing a seatbelt at the time of the accident; he didn't understand why...

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