HomeMy WebLinkAbout0200 IN THE CIRCUIT COURT OF THE 19TH
JUDICIAL CIRCUIT, IN AND FOR ST. `
- ~~2~Q _ LUCIE COUNTY, FLORIDA.
~ CASE NO. 77-305 GEIGER
. , -
ORANGE MOBLEY, ~ ~~~~~~~Jili
- Plaintif f~, ~ R,911 ~
~~u NOJ ~O
vs.
ad ~ 0~ o0
MATHER OF FT. PIERCE, McGRAW- ~v~0 ~
EDISON (SPEED QUEEN DIVISION) and :
COMMERCIAL UNION INSURANCE COMPANY ~!'~~'191S~b~'~\,~
OF BOSTON,
Defendants.
ORD;:R ON *!~OTiON T7 STRIKE
This cause~was scheduled to come before the Court on
Monday, November 21, 1977 on Defendants', McGRAW-EDISON
(SPEED QUEEN DIVISION) and COMMERCIAL UNION INSURANCE
COMPANY OF BOSTON, Motion to Strike the wo rds "damages as `
a result of inconvenience and mental pain and anguish there- ~
from" contained in paragraph 11 of Count I of the Second
Amended Complaint, which words are adopted, realleged and/or
incorporated by reference in paragraphs 12 and 15 of Count II
and paragraph 17 and 18 of Count III. How~ever, prior to the
'I hearing,-the attorney representing the Plaintiff and the ~
i •
~ _ moving Defendants, indicated ta the Court that they had
~ ~
~ agreed that the Motion to Strike should be granted and that
~ the Plaintiff's damages are limited to thos~ outlined in
~
Florida Standard Jury Instruction 6.2(h). It is thereupon,
ORDERED AND ADJUDGED as follows:
1. The Motion to Strike is granted and the words
sought to be stricken are stricken from the Plaintiff's
~ Second Arnended Complaint. Should the Plaintiff prove liability
~
~ in this case, her damages are limited to those proven which are
~
recoverable under Florida Standard Jury Instruction 6.2~h).
~ ~.r`t ~1.~'t' •
~
~ DONE AND ORDERED in Chambers in , S#~+~--~r~re ;
~ ~
~ County, Florida this v~~day of N~ 1977.
~
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~ Eip ~
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~ C I C W _ t~„~ ~
~ ccs: Respective Counsel
~ Oec l 2 4e PM'T'~ ~
~ o R ~p 38f 28~ - ?
BG~K~ t0 1~ t
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F~ _ .