Hotaling v. Plantation Athletic League

DOWNEY, Judge.

We have for review a final judgment based upon a jury verdict for defendant-appellees arising out of a suit for personal injuries.

During the charge conference appellant moved to. strike the affirmative defenses including contributory negligence on several grounds, one of which “alluded” to the decision of Jones v. Hoffman, which was then pending in the Supreme Court. But whether that “allusion” was adequate to fall within category number three of Hoffman v. Jones, Fla.1973, 280 So.2d 431, and thus preserve for appellate review appellant’s right to a comparative negligence…