QUARANTELLO v. LEROY

No. 5D06-2340.

977 So.2d 648 (2008)

Margaret M. QUARANTELLO, etc., Appellant, v. David T. LEROY, Terry Leroy, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 31, 2008.


Attorney(s) appearing for the Case

Brian T. Wilson, of Dellecker Wilson King McKenna & Ruffier, A Limited Liability Partnership, Orlando, and Stephan W. Carter, Maitland, for Appellant.

Angela C. Flowers, of Kubicki Draper, Ocala, for Appellees.


SAWAYA, J.

We are called upon to interpret the meaning of section 316.613(3), Florida Statutes (1999), which states that "[t]he failure to provide and use a child passenger restraint shall not be considered comparative negligence, nor shall such failure be admissible as evidence in the trial of any civil action with regard to negligence." This particular provision is part of a broader statutory scheme intended to protect children five years of age or younger from...

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