St. Louis & San Francisco Railroad v. Wilson

OVERTON, Chief Justice.

This cause is before us on petition for writ of certiorari to review a decision of the First District Court of Appeal reported at 309 So.2d 604 (Fla.App. 1st 1975). Conflict is asserted with Hoffman v. Jones, 280 So.2d 431 (Fla.1973). We hold the District Court misapplied the rules allowing retrial under the doctrine of comparative negligence as set forth in Hoffman, and therefore conflict certiorari jurisdiction vests in this Court.1

In December 1970, respondent’s husband was killed when his automobile collided with petitioner’s train. Respondent instituted two tort…