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Appellate Advocacy Keyed to Meador, 2nd Ed.
Jones v. Hoffman
Citation:
272 So. 2d 529 (1973)Facts
The plaintiff, Hazel J. Jones, filed two lawsuits following a fatal car-truck collision that resulted in the death of her husband, William Harrison Jones, Jr. One suit was a wrongful death action filed in her capacity as widow, and the other was filed as administratrix of her husband’s estate. The plaintiff alleged that defendant Hoffman negligently operated a truck owned by defendant Pav-A-Way Corporation, causing the collision. The defendants denied negligence and asserted contributory negligence as a defense. The trial court consolidated both lawsuits and denied the plaintiff’s requested jury instruction on comparative negligence. After the jury returned a verdict for the defendants, the plaintiff appealed, urging the court to reject the doctrine of contributory negligence in favor of comparative negligence.
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