Nicholson v. Ben's Seltzer, Inc.

District Court of Appeal of Florida

Nicholson v. Ben's Seltzer, Inc.

262 So. 2d 466, 1972 Fla. App. LEXIS 6762

CourtDistrict Court of Appeal of Florida

DecidedMay 16, 1972

DocketNo. 71-1013

StatusPublished

Cited by1 cases

This text of 262 So. 2d 466 (Nicholson v. Ben's Seltzer, Inc.) 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.

Bluebook

Nicholson v. Ben's Seltzer, Inc., 262 So. 2d 466, 1972 Fla. App. LEXIS 6762 (Fla. Ct. App. 1972).

Pincite

Opinion

PER CURIAM.

Plaintiff-appellant Hammil Lee Nicholson, Jr. (passenger) seeks review of an adverse final judgment entered pursuant to a jury verdict in favor of defendant-appel-lees John Lee Brown (truck driver) and Ben’s Seltzer Inc., (truck owner and employer). Appellant sued in the Circuit Court of Dade County to recover damages for personal injuries sustained when his driver William T. Markey rear-ended the truck, allegedly negligently driven by Brown and owned by Seltzer, on the MacArthur Causeway connecting Miami with Miami Beach.

It appears that William T. Markey had prevailed in a personal injury action against Seltzer and Brown tried by another judge in the Circuit Court of Dade County. By motion for summary judgment and otherwise, appellant sought to assert the doctrines of res judicata, collateral estoppel and estoppel by judgment. However, neither the judgment nor the record in the Markey action were introduced into the record before the instant trial court. Atlas Land Corporation v. Norman, 116 Fla. 800, 156 So. 885 (1934) (en banc).

We have considered the arguments presented by the appellant concerning the application of the doctrine of estop-pel by judgment, and particularly his arguments urging adoption of the current minority position represented by Desmond [467]*467v. Kramer, 96 N.J.Super. 96, 232 A.2d 470 (1967). We express the view that appellant has failed to demonstrate reversible error as to the point concerning estoppel by judgment. Atlas Land Corporation, supra; Culloden v. Music, Fla.App.1969, 226 So.2d 240, 244. We have also considered appellant’s points concerning the alleged error in permitting testimony of an expert witness for lack of a proper predicate and permitting certain Dade County traffic ordinances to be read to the jury. Appellant has also failed to demonstrate reversible error as to these points.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Plaintiff-appellant Hammil Lee Nicholson, Jr. (passenger) seeks review of an adverse final judgment entered pursuant to a jury verdict in favor of defendant-appel-lees John Lee Brown (truck driver) and Ben’s Seltzer Inc., (truck owner and employer). Appellant sued in the Circuit Court of Dade County to recover damages for personal injuries sustained when his driver William T. Markey rear-ended the truck, allegedly negligently driven by Brown and owned by Seltzer, on the MacArthur Causeway connecting Miami with Miami Beach.

It appears that William T. Markey had prevailed in a personal injury action against Seltzer and Brown tried by another judge in the Circuit Court of Dade County. By motion for summary judgment and otherwise, appellant sought to assert the doctrines of res judicata, collateral estoppel and estoppel by judgment. However, neither the judgment nor the record in the Markey action were introduced into the record before the instant trial court. Atlas Land Corporation v. Norman, 116 Fla. 800, 156 So. 885 (1934) (en banc).

We have considered the arguments presented by the appellant concerning the application of the doctrine of estop-pel by judgment, and particularly his arguments urging adoption of the current minority position represented by Desmond [467]*467v. Kramer, 96 N.J.Super. 96, 232 A.2d 470 (1967). We express the view that appellant has failed to demonstrate reversible error as to the point concerning estoppel by judgment. Atlas Land Corporation, supra; Culloden v. Music, Fla.App.1969, 226 So.2d 240, 244. We have also considered appellant’s points concerning the alleged error in permitting testimony of an expert witness for lack of a proper predicate and permitting certain Dade County traffic ordinances to be read to the jury. Appellant has also failed to demonstrate reversible error as to these points.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

262 So. 2d 466, 1972 Fla. App. LEXIS 6762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicholson-v-bens-seltzer-inc-fladistctapp-1972.

Opinion

Related

Cite This Page — Counsel Stack