Duncan v. Laney

LILES, Chief Judge.

This is an appeal from a jury verdict in favor of plaintiff-appellees arising from an automobile accident. Following the ■ jury verdict in favor of the plaintiffs, defendant appeals and has assigned as error the trial judge’s failure to give two requested instructions.

Defendant-appellant is correct in urging that where there is competent substantial evidence to support a charge, a party has a right to submit his theory of the case to the jury. Pemberton v. Keel, Fla.App.1967, 195 So.2d 632; Smith v. Lassing, Fla.App.1966, 189 So.2d 244. The question here is whether there…