HENRY v. HOELKE

No. 4D09-4281.

82 So.3d 962 (2011)

Egline HENRY, Appellant, v. Jena HOELKE and Stephen McCulloch, Appellees.

District Court of Appeal of Florida, Fourth District.

August 10, 2011.


Attorney(s) appearing for the Case

Julie H. Littky-Rubin of Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin, LLP, West Palm Beach, Eric G. Canter of Eric G. Canter, P.A., Boca Raton, and Carl S. Karmin of Carl Karmin, P.A., Fort Lauderdale, for appellant.

Mark D. Tinker and Charles W. Hall of Banker Lopez Gassler, P.A., St. Petersburg, for appellees.


TAYLOR, J.

This appeal arises from an automobile rollover crash which rendered plaintiff, Egline Henry, paraplegic. Plaintiff appeals the trial court's denial of her motion for directed verdict on the defendant's seatbelt defense. We reverse because the defendant, Jena Hoelke, failed to produce competent evidence establishing a causal relationship between plaintiff's paralysis and her alleged failure to wear a seatbelt.

On February 6, 2008, plaintiff was driving...

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