Green v. Goldberg

557 So. 2d 589, 1989 Fla. App. LEXIS 7342, 1989 WL 155648
District Court of Appeal of Florida·Decided December 28, 1989·No. Nos. 88-0185, 88-1274·Published·Cited by 1 cases

Opinions

PER CURIAM.

We reverse the trial court’s directed verdict for the defendant in this wrongful death case. A review of the record reveals that the testimony in this case met the requirements of Gooding v. University Hospital Building, Inc., 445 So.2d 1015 (Fla.1984). We believe the directed verdict had a spillover effect which could have contributed to the verdict for the defendant in the survival action. Accordingly, on remand, the plaintiff is entitled to a new trial on both claims.

We find no error in appellants’ other contentions.

GLICKSTEIN and WALDEN, JJ., concur. GUNTHER, J., dissents with opinion.

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Green v. Goldberg, 557 So. 2d 589, 1989 Fla. App. LEXIS 7342, 1989 WL 155648 (Fla. Ct. App. 1989).

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630 So. 2d 606 (District Court of Appeal of Florida, 1994)