RUSSELL V. STATE
Annotate this Case
Download PDF
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2004 BURGESS TRANSPORTATION, INC., A Florida Corporation, UNDERWRITERS INSURANCE COMPANY, a foreign Corporation, and NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, a foreign Corporation, Appellants, vs. ** ** ** ** ** ** ** PATRICIA AROSTEGUI, as Personal Representative of The Estate of HECTOR AROSTEGUI, deceased, Appellee. CASE NO. 3D03-2528 ** ** ** LOWER TRIBUNAL NO. 02-09134 ** Opinion filed August 11, 2004. An appeal from the Circuit Court for Miami-Dade County, Roberto M. Pineiro, Judge. Nicklaus & Hyatt; Hicks & Kneale and Dinah Stein and Gary Magnarini, for appellants. Ratzan & Alters; Kimberly L. Boldt, for appellee. Before SCHWARTZ, C.J., and COPE and FLETCHER, JJ. PER CURIAM. Burgess Transportation, Inc., Underwriters Insurance Company and National Union Fire Insurance Company of Pittsburg appeal a final judgment after jury verdict in a wrongful death action. We conclude that the trial court s evidentiary rulings were within the court s discretion. 468 (Fla. 3d DCA 2000). See State v. Nieto, 761 So. 2d 467, Assuming any error on the evidentiary issues, we conclude that they were entirely harmless. See Mercury Cas. Co. v. Flores, 870 So. 2d 127 (Fla. 3d DCA 2003). The trial court s privilege were correct. rulings regarding the accident report See Alexander v. Penske Logistics, Inc., 867 So. 2d 418 (Fla. 3d DCA 2003). There was no fundamental error relating to the unobjected-to portions of the plaintiff s closing argument, see Murphy v. Int l Robotic Sys., Inc., 766 So. 2d 1010 (Fla. 2000), and the rulings on the objected-to portions of closing argument were within the court s discretion. We find no merit to the argument that the verdict is contrary to the manifest weight of the evidence. Affirmed.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
