Turman v. Florida East Coast Railway Co.

195 So. 2d 604, 1967 Fla. App. LEXIS 5364

Opinion

PER CURIAM.

Plaintiff, Betty Turman, widow of Harley E. Turman, Jr., appeals a judgment entered upon a jury verdict for the defendant, Florida East Coast Railway Company, in an action for wrongful death of her husband arising out of a railroad crossing accident.

The accident occurred on June 1, 1962. The suit was filed on October 4, 1963. The trial of the case before the court began- on July 6, 1965. The judgment was entered on July 14, 1965. The decision of the Supreme Court holding unconstitutional the comparative negligence statute, F.S.A. § 768.06, was filed on May 12, 1965. Georgia Southern & Florida Ry. Co. v. Seven Up Bottling Co., Fla.1965, 175 So.2d 39.

The trial judge refused the request of the plaintiff that the jury be instructed on the comparative negligence statute, F.S.A. § 768.06. This ruling was correct. A trial judge must apply the law as it exists at the time of trial.

The plaintiff urges this court to hold that the decision in Georgia Southern & Florida Ry. Co. v. Seven Up Bottling Co., supra, applies only to actions for property damage. The Supreme Court held F.S.A. § 768.06 invalid in its entirety. Florida East Coast Railway Company v. Rouse, Fla.1967, 194 So.2d 260.

Affirmed.

WALDEN, C. J., ANDREWS, J., and McDONALD, PARKER LEE, Associate Judge, concur.