Premer v. State, Department of Transportation

This cause was tried before a jury between the time of the opinion of the Fourth District Court of Appeal in Jones v. Hoffman, Fla.App. 1973, 272 So.2d 529 and the opinion of the Supreme Court of Florida in Hoffman v. Jones, Fla.1973, 280 So.2d 431, which relate to the propriety of a charge on comparative negligence.

The defendant pleaded, as affirmative defense in the trial court, contributory negligence on the part of the plaintiff. The plaintiff requested a charge of comparative negligence, which was denied. At the time of the giving of instructions to the jury, the trial judge instructed…