CLEARWATER CONCRETE INDUSTRIES AND NORTHWESTERN NATIONAL INSURANCE, C/O ALEXSIS RISK MANAGEMENT, INC., APPELLANTS,

v.

ELBERT MARTIN, APPELLEE

Citator

Cited By

• Carnival Cruise Lines, Inc. v. Rosania, 546 So. 2d 736 (Fla. 3d DCA 1989)
  …. Watson, 225 So. 2d 346 (Fla. 3d DCA 1969). We also find no error in the failure of the husband to personally testify on the derivative action. There was other evidence that was sufficient to support this claim. Wills v. Snapper Creek Nursing Home, 465 So. 2d 562 (Fla. 3d DCA 1985). We do, however, find that the trial court erred in permitting into evidence testimony as to remedial measures taken by the appellant subsequent to the accident giving rise to this cause of action. See City of Miami Beach v. Wolf…
• Figueredo v. Keller Indus., Inc., 583 So. 2d 432 (Fla. 3d DCA 1991)
  …s’ claims of error below. Specifically, the trial court (a) erroneously approved a zero verdict for the loss of consortium claimed by Ms. Figueredo notwithstanding that, although she did not herself testify, see Wills v. Snapper Creek Nursing Home, 465 So. 2d 562 (Fla. 3d DCA 1985), pet. for review denied, 476 So. 2d 675 (Fla.1985), there was undisputed evidence that at least some damages in this regard were sustained, Frye v. Suttles, 568 So. 2d 983 (Fla. 1st DCA 1990); Kinne v. Burgin, 311 So. 2d 695 (Fla.…
• Maxfly Aviation, Inc. v. Gill, 605 So. 2d 1297 (Fla. 4th DCA 1992)
  …act may draw inferences from the failure of a party to produce an available witness, the trier of fact is not required to find against a plaintiff who does not appear to testify in support of his claim. See Wills v. Snapper Creek Nursing Home, Inc., 465 So. 2d 562 (Fla. 3d DCA1985); Alter v. Finesmith, 214 So. 2d 732 (Fla. 3d DCA1968), cert. denied, 225 So. 2d 538 (Fla.1969); compare Geiger v. Mather of Lakeland, Inc., 217 So. 2d 897 (Fla. 4th DCA1968), cert. denied, 225 So. 2d 528 (“It is a general rule that…

Authorities Cited

• Martin Cnty. Sch. Bd. & Gallagher Bassett Ins. Serv. v. McDANIEL, 465 So. 2d 1235 (Fla. 1st DCA 1984)