Dorsett v. Dion, 76-1028
| Decision Date | 06 July 1977 |
| Docket Number | No. 76-1028,76-1028 |
| Parties | Birdie DORSETT, Appellant, v. Lawrence Roger DION, Sr., and Lawrence Roger Dion, Jr., Appellees. |
| Court | Florida District Court of Appeals |
Bradford, Williams, McKay, Kimbrell, Hamann & Jennings and W. Sam Holland, Miami, for appellant.
Edward B. Johnson, Jr., Key West, for appellees.
Before HENDRY, C. J., and PEARSON and HAVERFIELD, JJ.
The plaintiff appeals a final judgment upon a jury verdict and assigns as error the denial of her motion for a new trial which was predicated upon an alleged inadequate verdict. The cause was an automobile negligence action tried under the theory of comparative negligence. We affirm.
The only point requiring discussion here is appellant's contention that the trial court erred in allowing evidence that the plaintiff was illegally driving with a learner's permit at the time of the accident. She relies upon the holding of this court in Goldner v. Lentin, 96 So.2d 553 (Fla. 3d DCA 1957), for reversible error. In that case, the court held that the refusal of a trial court to admit into evidence that the driver of a motor scooter was operating the scooter under a restricted driver's license was not error where there was no causal connection between the collision and the fact that the operator of the scooter was operating the scooter under a restricted driver's license. In the present case, the trial court admitted the evidence upon his determination that it was relevant and that it could be found to have causal connection. We think that the trial judge was right in each instance. In this case, it is clear that there was no contact between plaintiff's automobile and defendant's automobile and that the plaintiff's injury may well have resulted from her own inexperience and her inability to handle her own car.
Affirmed.
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Klanseck v. Anderson Sales & Service, Inc.
...courts in other jurisdictions have found that violation of a licensing statute is relevant in a negligence case. In Dorsett v. Dion, 347 So.2d 826 (Fla. App., 1977), the plaintiff brought an action for damages for injuries suffered in an accident allegedly involving the defendant's car, alt......
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Brackin v. Boles
...Corbett v. Seaboard Coastline Railroad, 375 So.2d 34 (Fla. 3d DCA 1979), review denied, 383 So.2d 1202 (Fla.1980); Dorsett v. Dion, 347 So.2d 826 (Fla. 3d DCA 1977); and Goldner v. Lentin, 96 So.2d 553 (Fla. 3d DCA 1957). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. This cause conce......
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Corbett v. Seaboard Coastline R. Co., 78-98
...a license and the alleged negligence causing the accident. Goldner v. Lentin, 96 So.2d 553 (Fla.3d DCA 1957); and see Dorsett v. Dion, 347 So.2d 826 (Fla.3d DCA 1977). In each of these cases the license invoked was in existence and was a restricted license. In Goldner, the evidence was excl......
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Myles ex rel. Sparks v. ENTERGY, 2000-CA-01609-COA.
...here. ¶ 24. Other jurisdictions have allowed evidence of driving without a license when the causal connection was present. See Dorsett v. Dion, 347 So.2d 826 (Fla. Dist. Ct.App.3 1977); Klanseck v. Anderson Safes & Serv., Inc., 426 Mich. 78, 393 N.W.2d 356 (1986). These cases which are more......