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PROBKEVITZ v. VELDA FARMS, LLC

No. 3D07-1052.

22 So.3d 609 (2009)

Iris PROBKEVITZ, as Personal Representative of the Estate of Denise Probkevitz, a minor, deceased, Appellant, v. VELDA FARMS, LLC, a foreign corporation, and Joseph Anthony Dixon, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied December 18, 2009.

Attorney(s) appearing for the Case

Mitrani, Rynor & Adamsky and Pamela A. Chamberlin, Miami, for appellant.

Hinshaw & Culbertson and James H. Wyman, Ft. Lauderdale; Katten Muchin Rosenman and Ugo Colella, for appellees.

Before RAMIREZ, C.J., and COPE, J., and SCHWARTZ, Senior Judge.

RAMIREZ, C.J.

Iris Probkevitz, as Personal Representative of the Estate of Denise Probkevitz, appeals the denial of her motion for new trial and the entry of an adverse final judgment in this wrongful death action. We reverse and remand for a new trial because the trial court impermissibly allowed the introduction of evidence of negligence and allowed the jury to consider such evidence. Furthermore, the trial court incorrectly disallowed the testimony of an expert...

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