Florida Board of Education v. Andrews

Christopher Andrews was tragically killed when his car collided with a cow, owned by the University of Florida, on highway 241. The main issue at trial was whether the University’s negligence allowed the cow to get onto the highway. On the issue of negligence, the trial court committed reversible error by instructing the jury that the defendant’s alleged failure to comply with section 588.01, Florida Statutes, could be considered as evidence of the defendant’s negligence under section 588.15, Florida Statutes (1999). See Hanson v. Scharber, 749 So.2d 563, 564 (Fla. 2d DCA 2000) (holding that…