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COMMUNITY ASPHALT CORP. v. BASSOLS

No. 3D07-1317.

13 So.3d 538 (2009)

COMMUNITY ASPHALT CORP., a Florida Corporation for Profit, and Alfredo Martinez, individually, Appellants, v. Joaquin BASSOLS, Appellee.

District Court of Appeal of Florida, Third District.

July 1, 2009.

Attorney(s) appearing for the Case

Marlow, Connell, Abrams, Adler, Newman & Lewis and Rosemary B. Wilder, Coral Gables, for appellants.

Robert S. Glazier, Miami; Alejandro Alvarez, Miami, for appellee.

Before RAMIREZ, C.J., and COPE and SALTER, JJ.

RAMIREZ, C.J.

Community Asphalt Corporation and Alfredo Martinez appeal the trial court's order granting a new trial based upon an improper closing argument. We reverse because the comments defense counsel made during closing argument were insufficient to warrant a new trial.

This case involved a motorcycle accident in which Martinez's truck struck Joaquin Bassols. Bassols sued Martinez, the driver, and Community Asphalt, the owner of the dump truck. Various...

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