Florida/Georgia Personal Injury & Workers Compensation

...Appellant’s two-count complaint below alleged in count I that the horse, owned by appellee, “had negligently been permitted to stray upon Highway 41.” Count II alleged that by allowing her horse to stray upon Highway 41, appellee had “violated the requirements of Florida Statute 588.01, 588.11 and 588.-14....” The facts either proffered or accepted into evidence in the trial below establish that appellee bought, bred and sold show horses, at least three of which she had been keeping at the time of the accident on the property from which the one that collided with appellant’s automobile had escaped....

...4th DCA 1983) that sections 588.-01 through 588.11, pertaining to “legal fence” and “legally enclosed” land requirements have nothing to do with the remaining sections of chapter 588, known as the Warren Act, adopted by the legislature in 1949 as chapter 25236, Laws of Florida (1949). Sections 588.01 through 588.11 were enacted to protect landowners against trespassers, whereas the Warren Act was enacted to impose a duty on owners of livestock to keep their livestock off public roads....

...The main issue at trial was whether the University’s negligence allowed the cow to get onto the highway. On the issue of negligence, the trial court committed reversible error by instructing the jury that the defendant’s alleged failure to comply with section 588.01, Florida Statutes, could be considered as evidence of the defendant’s negligence under section 588.15, Florida Statutes (1999)....

...ers had constructed an adequate fence to restrain a bull, even though the owners had complied with the fencing requirements in chapter 588); Zuppardo v. O’Hare, 487 So.2d 39, 40 (Fla. 2d DCA 1986) (stating that the fencing requirements in sections 588.01 through 588.11 “have nothing to do with the remaining sections of chapter 588, known as the Warren Act”); Davidson v....