5D06-2340 Quarantello v. Leroy

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-2340

Case Date: 02/11/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008

MARGARET M. QUARANTELLO, ETC., Appellant, v. DAVID T. LEROY, TERRY LEROY, ETC., ET AL., Appellees. ________________________________/ Opinion filed February 15, 2008 Appeal from the Circuit Court for Orange County, Reginald K. Whitehead, Judge. Brian T. Wilson, of Dellecker Wilson King McKenna & Ruffier, A Limited Liability Partnership, Orlando, and Stephan W. Carter, Maitland, for Appellant. Angela C. Flowers, of Kubicki Draper, Ocala, for Appellees. Case No. 5D06-2340

SAWAYA, J. We are called upon to interpret the meaning of section 316.613(3), Florida Statutes (1999), which states that "[t]he failure to provide and use a child passenger restraint shall not be considered comparative negligence, nor shall such failure be admissible as evidence in the trial of any civil action with regard to negligence." This particular provision is part of a broader statutory scheme intended to protect children

five years of age or younger from injury in automobile accidents by requiring that they be secured in a proper child passenger restraint.

Download 5D06-2340 Quarantello v. Leroy.pdf