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Fournier v. Lott

Alice Ruby FOURNIER and Paul Fournier, her husband v. Marie A. LOTT and Lawrence Everett Lott, her husband

Fournier v. Lott, 145 So. 2d 885 (Fla. Dist. Ct. App. 1962)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
October 30, 1962
Docket
No. 62-76
Judges
Barkdull, Carroll, Hendry
Citations
145 So. 2d 885
Cited by 6 1 descriptions by later courts

Opinion of the Court

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PER CURIAM.

Appellants, plaintiffs below, seek review of a judgment for the defendants entered pursuant to a jury verdict in a negligence action, wherein the appellants were seeking damages for injuries sustained by the appellant, Alice R. Fournier, when a motorcycle on which she was riding was involved in an accident with the appellees’ automobile.

The principal point raised by the appellants in the instant case is that the lower court erred in failing to give a certain jury instruction on non-imputable neg *886 ligence. While there is no question that a party is entitled to have appropriate instructions given to the jury, the particular instructions to be given depend upon the issues developed by the pleadings and supported by the evidence. Garrison v. Hertz Corporation, Fla.App. 1961, 129 So.2d 452 ; Sirmons v. Pittman, Fla.App.1962, 138 So.2d 765 ; 32 Fla.Jur., Trial, § 141. In the instant case, there is no basis for this instruction as the plaintiffs’ complaint and evidence traveled on the sole negligence of the defendants. Therefore, the only question to be decided by the jury was whether or not the defendants were guilty of negligence proximately causing the accident. The jury determined this issue in favor of the defendants. The record on appeal contains substantial, competent evidence to sustain the jury’s verdict, and we therefore affirm the order of the lower court.

Affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 6 cases

View all citing references →
1965: 11976: 11978: 11979: 11987: 11991: 119652026peak 1965 · 1

Relies on it most ⓘ

  1. Giordano v. Ramirez503 So. 2d 947 (Fla. Dist. Ct. App. 1987)
  2. Llompart v. Lavecchia374 So. 2d 77 (Fla. Dist. Ct. App. 1979)
  3. Wooten v. Collins327 So. 2d 795 (Fla. Dist. Ct. App. 1976)
  4. Rodriguez v. Haller177 So. 2d 519 (Fla. Dist. Ct. App. 1965)
  5. Vagabond Container, Inc. v. City of Miami Beach356 So. 2d 1266 (Fla. Dist. Ct. App. 1978)
  6. Gonzalez v. Jaen590 So. 2d 43 (Fla. Dist. Ct. App. 1991)

Most recent

  1. Gonzalez v. Jaen590 So. 2d 43 (Fla. Dist. Ct. App. 1991)
  2. Giordano v. Ramirez503 So. 2d 947 (Fla. Dist. Ct. App. 1987)
  3. Llompart v. Lavecchia374 So. 2d 77 (Fla. Dist. Ct. App. 1979)
  4. Vagabond Container, Inc. v. City of Miami Beach356 So. 2d 1266 (Fla. Dist. Ct. App. 1978)
  5. Wooten v. Collins327 So. 2d 795 (Fla. Dist. Ct. App. 1976)
  6. Rodriguez v. Haller177 So. 2d 519 (Fla. Dist. Ct. App. 1965)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Sirmons v. Pittman, 138 So. 2d 765 (Fla. Dist. Ct. App. 1962) 27
Garrison v. Hertz Corp., 129 So. 2d 452 (Fla. Dist. Ct. App. 1961) 8

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