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Klepper v. Breslin
Florida Supreme Court
83 So. 2d 587 (1955)
Raphael Klepper (plaintiff) sued husband and wife George W. and Alma Conway Breslin (defendants) for the death of Raphael’s four-year-old son, Scott Robert Klepper, in a car accident in which Alma was driving. Scott was killed when Alma ran over him after Scott ran into the street. Just before that, a dog had run into the street, and Alma had swerved to avoid hitting the dog. At George and Alma’s request, the trial judge instructed the jury on the doctrine of sudden emergency, unavoidable accident, darting out, and contributory negligence by Scott’s mother for her alleged failure to properly supervise her children. The jury rendered a verdict for George and Alma Breslin, and Raphael appealed after the trial court denied Raphael’s motion for a new trial. Raphael argued that the trial judge’s jury instructions were in error and that Raphael was entitled to a directed verdict on the issue of George and Alma’s negligence.
Rule of Law
Holding and Reasoning (Thornal, J.)
Dissent (Drew, C.J.)
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