Legal Opinion

Powell v. Goldner

District Court of Appeal of Florida

Decided February 11, 1986No. 84-2729PublishedCited by 2 opinions

1Opinion of the Court

DANIEL S. PEARSON, Judge.

In the present case, the defendants urge that a statement from the Florida Driver’s Handbook read to the jurors by an accident reconstruction expert called by the plaintiff was wrongfully admitted in that it misstated the law in Florida.1 The objectionable statement read:

“The motorist’s responsibility is greater than the pedestrian’s. A motor vehicle with its greater weight and speed and destructiveness may kill or cripple anyone it hits. Sometimes the pedestrian does the thoughtless or foolish thing. In spite of this, if you have the vehicle under control at all…

2Cases cited5 opinions

  1. Sikes v. Seaboard Coast Line R. Co.District Court of Appeal of Florida · 1983
  2. Bell v. AA Holiday Rent-A-Car, Inc.District Court of Appeal of Florida · 1974
  3. Souvorin v. LerichDistrict Court of Appeal of Florida · 1965
  4. Butler v. MacDougalDistrict Court of Appeal of Florida · 1960
  5. Zadan ex rel. Zadan v. CohenDistrict Court of Appeal of Florida · 1961

3Cited by2 opinions

  1. CSX Transp., Inc. v. WhittlerDistrict Court of Appeal of Florida · 1991
  2. Ruiz v. ChangDistrict Court of Appeal of Florida · 2006

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