Valdez v. Fesler

OVERTON, Chief Justice.

This is a petition for writ of certiorari to review a decision of the Second District Court of Appeal reported at 298 So.2d 512 (Fla.App. 2nd, 1974). In that decision, the Second District held that mere discussion of the doctrine of comparative negligence with the trial court during pretrial conference and citation to the same on motion for new trial, without more, was insufficient under Hoffman v. Jones, 280 So.2d 431 (Fla.1973), to allow the plaintiff to have the cause retried upon comparative negligence. The first trial was prior to this Court’s decision in Hoffman…