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6th DCAAugust 4, 2023Reversed and Remanded⭐ Notable

Goddard v. J.S.J. Unlimited, LLC

Case No. 6D2023-0085

In a bicycle-versus-truck negligence case, the jury found the driver not negligent after the trial court refused two requested instructions premised on statutory traffic violations (section 316.130(15) due care to avoid colliding with bicyclists/pedestrians, and section 316.183(1), (4)(a) unlawful/unreduced speed). The Sixth DCA held both instructions were accurate statements of law supported by the evidence — including expert testimony that the driver could have braked in time and was traveling about 33 mph in a 30 mph zone — and reversed for a new trial, while affirming the exclusion of rebuttal evidence.

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