Arias v. State Farm Mutual Automobile Insurance Co.

District Court of Appeal of Florida

Arias v. State Farm Mutual Automobile Insurance Co.

528 So. 2d 25, 13 Fla. L. Weekly 1321, 1988 Fla. App. LEXIS 2236, 1988 WL 53043

CourtDistrict Court of Appeal of Florida

DecidedMay 31, 1988

DocketNos. 86-3174, 86-3175

StatusPublished

Cited by1 cases

This text of 528 So. 2d 25 (Arias v. State Farm Mutual Automobile Insurance Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Arias v. State Farm Mutual Automobile Insurance Co., 528 So. 2d 25, 13 Fla. L. Weekly 1321, 1988 Fla. App. LEXIS 2236, 1988 WL 53043 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

Rejecting the appellant’s contentions, we find first that evidence that the plaintiffs driver was acting in a sudden emergency supports the jury’s conclusion that she did not negligently operate her vehicle, so that the plaintiff was not entitled to a directed verdict on liability. 4 Fla.Jur.2d Automobiles and Other Vehicles § 233 (1978). Second, the allegedly improper final argument of counsel did not justify either the declaration of a mistrial below or the award of a new trial here. Gonzalez v. State, 511 So.2d 703 (Fla. 3d DCA 1987).

Affirmed.

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PER CURIAM.

Rejecting the appellant’s contentions, we find first that evidence that the plaintiffs driver was acting in a sudden emergency supports the jury’s conclusion that she did not negligently operate her vehicle, so that the plaintiff was not entitled to a directed verdict on liability. 4 Fla.Jur.2d Automobiles and Other Vehicles § 233 (1978). Second, the allegedly improper final argument of counsel did not justify either the declaration of a mistrial below or the award of a new trial here. Gonzalez v. State, 511 So.2d 703 (Fla. 3d DCA 1987).

Affirmed.

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528 So. 2d 25, 13 Fla. L. Weekly 1321, 1988 Fla. App. LEXIS 2236, 1988 WL 53043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arias-v-state-farm-mutual-automobile-insurance-co-fladistctapp-1988.

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