American Aerial Lift v. Jose Perez

On Motions For Rehearing And Clarification SCHWARTZ, Chief Judge. We grant both parties' post-opinion motions only to clarify the issues which must be retried in accordance with our previous
opinion. We reject the appellant's contentions that the issues of comparative negligence and the possible liability of other
entities, including the plaintiff's employer, should be submitted to the jury. The jury in the first trial found the plaintiff
guilty of no contributory negligence whatever. As to the possible responsibility of plaintiff's employer, the defendant adduced
no evidence on that issue and did not request that the employer be included on the jury form. American Aerial Lift, Inc. v.
Perez, ___ So.2d ___, ___ (Fla. 3d DCA Case no. 92-2076, opinion filed, October 5, 1993)[18 FLW D2176, D2177 n.1]. We see
no reason why the defendant should be given another bite at either apple.