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ROSENFELD v. SELTZER

No. 4D07-1995.

993 So.2d 557 (2008)

Orin ROSENFELD, as Personal Representative of the Estate of Veronica Rosenfeld, deceased, and on behalf of Arden Rosenfeld and Orin Rosenfeld, the survivors of Veronica Rosenfeld, Appellant, v. Ronald SELTZER, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 26, 2008.

Attorney(s) appearing for the Case

Joel S. Perwin of Joel S. Perwin, P.A., Miami, and Terri Meyers of Kluger Peretz, et al., Boca Raton, for appellant.

G. Jeffrey Vernis, Carlton A. Bober and Karen M. Nissen of Vernis & Bowling of Palm Beach, P.A., North Palm Beach, for appellee.

WARNER, J.

The parents of a deceased minor child appeal a jury verdict and resulting final judgment in favor of the operator of the motor vehicle involved in the auto accident which took the child's life. They claim that the trial court erred in instructing the jury on section 316.130(8), Florida Statutes, which provides: "No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a

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