Garcia-Rios v. Dade County

The principal point on this appeal is whether or not a Metro bus driver is an interested party within the “deadman’s” statute, Section 90.05, Florida Statutes (1977), and therefore precluded from testifying in a negligence action brought against his employer, Metropolitan Dade County.

We hold that the bus driver, not being a party to the litigation, is not an “interested” party within the meaning of the statute and, therefore, the trial judge was correct in permitting him to testify. Atlantic Coast Line Railway Company v. Mallard, 54 Fla. 143, 44 So. 366 (1907); Allstate Insurance Company v.…