DAMON L. MAURO, APPELLANT,
v.
DEER PARK SPRING WATER, INC., JAMES ROBERT WILSON, AND THE CLOROX COMPANY, APPELLEES
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PER CURIAM.
Appellant, Damon Mauro, appeals an order granting a new trial in favor of appellees. We affirm the order granting a new trial, as the record fails to show the trial court abused its discretion in granting a new trial. Baptist Memorial Hosp., Inc. v. Bell, 384 So. 2d 145 (Fla.1980); Currie v. Palm Beach County, 578 So. 2d 760 (Fla. 4th DCA 1991); Bern v. Spring, 565 So. 2d 809 (Fla. 3d DCA 1990); Staib v. Ferrari, Inc., 391 So. 2d 295 (Fla. 3d DCA 1980). However, on re-trial, the trial court should admit evidence of both parties’ alcohol consumption if proferred, as this issue is relevant to the cause of the accident. § 90.402, Fla.Stat. (1995); see Brackin v. Boles, 452 So. 2d 540 (Fla.1984); Tracton v. City of Miami Beach, 616 So. 2d 457 (Fla. 3d DCA 1992), rev. denied sub nom. Siedentopf v. Tracton, 626 So. 2d 207 (Fla.1993); Thunderbird Drive-In Theatre, Inc. v. Reed, 571 So. 2d 1341 (Fla. 4th DCA 1990), rev. denied, 577 So. 2d 1328 (Fla.1991). Additionally, appellees can amend their answer to include the seatbelt defense on re-trial. In all other respects, the trial court’s order is affirmed.
Affirmed with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Baptist Mem'l Hosp., Inc. v. Bell, 384 So. 2d 145 (Fla. 1980)
- Brackin v. Boles, 452 So. 2d 540 (Fla. 1984)
- Thunderbird Drive-In Theatre, Inc. v. Reed, 571 So. 2d 1341 (Fla. 4th DCA 1990)
- Currie v. Palm Beach Cnty., 578 So. 2d 760 (Fla. 4th DCA 1991)
- Ann Marie Staib and her husband v. Ferrari, Inc., 391 So. 2d 295 (Fla. 3d DCA 1980)
- Syndi R. Tracton v. City OF Miami Beach & Regina C. Siedentopf, 616 So. 2d 457 (Fla. 3d DCA 1992)
- Bern v. Spring, 565 So. 2d 809 (Fla. 3d DCA 1990)