645 So. 2d 100 | Fla. Dist. Ct. App. | 1994
We affirm the final order granting a new trial filed on behalf of defendant Otis Elevator Company (“Otis”).
In the instant case, we agree with the court below that the original trial judge erred in admitting evidence of other pallet jack accidents at trial where it was not shown that such accidents involved the use of an Otis pallet jack under substantially similar conditions as plaintiffs accident. We are particularly constrained to reach this conclusion where the record reflects the presence of at least one other type of pallet jack which was not manufactured by Otis. Hence, unless the plaintiff is able to conclusively demonstrate that the other accidents occurred under substantially similar conditions as plaintiffs accident with the use of an Otis pallet jack, this evidence should be excluded at the retrial of this cause.
Affirmed and remanded.
. The trial court below granted the motion for new trial in its capacity as a successor judge pursuant to our decision of Otis Elevator Co. v. Gerstein, 612 So.2d 659 (Fla. 3d DCA 1993).