Bonded Transportation, Inc. v. Lee

OVERTON, Chief Justice.

This is before us on petition for writ of certiorari to the First District Court of Appeal from its decision reported at 308 So.2d 157 (Fla.App. 1st, 1975). That decision conflicts with Hoffman v. Jones, 280 So.2d 431 (Fla.1973), and CNA Insurance v. Minton, 334 So.2d 257 (Fla.1976). We have jurisdiction.1

The First District, relying on its previous decision in Fitzsimmons v. City of Pensacola, 297 So.2d 107 (Fla.App. 1st, 1974), held the issue of comparative negligence to have been properly made a question for appellate review where it was raised for the first time in…