DeBold v. Ocean Reef Club, Inc.
| Decision Date | 06 March 1979 |
| Docket Number | No. 78-1073,78-1073 |
| Citation | 368 So.2d 95 |
| Parties | Michael DeBOLD, Appellant, v. The OCEAN REEF CLUB, INC., et al., Appellees. |
| Court | Florida District Court of Appeals |
William M. Alper, Greene & Cooper and Marc Cooper, Miami, for appellant.
Rentz, McClellan & Haggard and L. Edward McClellan, Jr., Miami, for appellees.
Before KEHOE and SCHWARTZ, JJ., and CHARLES CARROLL (Ret.), Associate Judge.
We find no merit in any of the points the plaintiff-appellant presents for reversal of the judgment entered against him upon a jury verdict for the defendant-appellee. As to the first, the trial court did not err, in the light of the officer's expert qualifications, in admitting the investigating state trooper's estimate of the plaintiff's speed at the time of the accident. Kerr v. Caraway, 78 So.2d 571 (Fla.1955); Quinn v. Millard, 358 So.2d 1378 (Fla. 3d DCA 1978); Waller v. Traud, 301 So.2d 127 (Fla. 3d DCA 1974). In any event, the testimony was no more than cumulative to other, indeed, massive evidence of the plaintiff's negligence which was properly admitted at the trial. Bryant v. Haarala, 245 So.2d 644 (Fla. 1st DCA 1971); Myers v. Korbly, 103 So.2d 215 (Fla. 2d DCA 1958).
We hold also that the plaintiff's substantial rights were not adversely affected by the denial of two requested jury charges, since the record shows that, as actually given, the court's instructions fully and accurately covered the subject matter involved. Florida East Coast R. Co. v. Lawler, 151 So.2d 852 (Fla. 3d DCA 1963). Finally, we do not agree, as the appellant argues, that the court's response to a question asked by the jury during the course of its deliberations was in any way incorrect.
Affirmed.
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...DCA 1960), cert. denied, 138 So.2d 340 (Fla.1961); Harvey v. Maistrosky, 114 So.2d 810, 814 (Fla. 2d DCA 1959); DeBold v. Ocean Reef Club, Inc., 368 So.2d 95 (Fla. 3d DCA 1979). Treating the only point which warrants discussion, we adhere to our conclusion in Atlantic Coast Line R. Co. v. B......
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Guy v. Kight, 82-280
...consideration were sufficiently covered and the instructions given were manifestly full, fair and accurate. See De Bold v. Ocean Reef Club, 368 So.2d 95 (Fla. 3d DCA 1979); Davis v. Lewis, 331 So.2d 320 (Fla. 1st DCA 1976); Lynch v. McGovern, 270 So.2d 770 (Fla. 4th DCA The trial court had ......
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...see Atlantic Coast Line R. Co. v. Shouse, 83 Fla. 156, 91 So. 90, 99 (1922); DeBold v. Ocean Reef Club, Inc., 368 So.2d 95 (Fla. 3d DCA 1979) (Case no. 78-1073, opinion filed March 6, 1979); or in the denial of the defendant's motion for new trial on the asserted ground that the verdict was......
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Hurlston v. Lykes Brothers Steamship Co. Inc., 80-1995
...plaintiff-appellant's proposed special instruction, there was no harmful error, as he contends, in its denial. DeBold v. Ocean Reef Club, Inc., 368 So.2d 95 (Fla. 3d DCA 1979); Florida East Coast R. Co. v. Lawler, 151 So.2d 852 (Fla. 3d DCA 1963). The other point raised similarly presents n......