Zaitschek v. Walsh

The order appealed from — which grants a new trial based solely on an allegedly erroneous jury charge given as to Section 316.160, Florida Statutes (1983), relative to the plaintiff’s alleged comparative negligence in this cause — is reversed and the cause is remanded to the trial court with directions to reinstate the jury verdict and final judgment for the defendants herein. The jury charge was entirely proper based on the evidence adduced at trial, and the trial court erred in concluding otherwise in the new trial order under review. See Catir v. Roberson, 423 So.2d 454 (Fla. 1st DCA…