From Casetext: Smarter Legal Research

Lifschitz v. Troccoli

District Court of Appeal of Florida, Third District
Sep 21, 1983
436 So. 2d 951 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-507.

July 5, 1983. Rehearing Denied September 21, 1983.

Appeal from Circuit Court, Dade County; Joseph M. Nadler, Judge.

Robert A. Glassman, Miami, for appellants.

Keyfetz, Poses Halpern and Jay Halpern, Miami, for appellees.

Before BARKDULL, DANIEL S. PEARSON and JORGENSON, JJ.


We affirm the jury verdict and judgment entered thereon upon a holding that (1) the visibility of the danger Troccoli encountered and whether she used due care under the circumstances are issues properly left for the jury, see City of Jacksonville v. Stokes, 74 So.2d 278 (Fla. 1954); Brown v. McArthur Dairies, Inc., 280 So.2d 520 (Fla. 3d DCA 1973); Bryant v. Florida Inland Theatres, Inc., 274 So.2d 249 (Fla. 2d DCA 1973), and (2) Lifschitz has failed to meet his burden of demonstrating prejudicial error regarding comments of the trial court, see Thompson v. Martin, 216 So.2d 67 (Fla. 2d DCA 1968).

Affirmed.


Summaries of

Lifschitz v. Troccoli

District Court of Appeal of Florida, Third District
Sep 21, 1983
436 So. 2d 951 (Fla. Dist. Ct. App. 1983)
Case details for

Lifschitz v. Troccoli

Case Details

Full title:MILTON LIFSCHITZ AND OLD REPUBLIC INSURANCE COMPANY, APPELLANTS, v…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 21, 1983

Citations

436 So. 2d 951 (Fla. Dist. Ct. App. 1983)