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MERCURY MOTORS EXP., INC. v. SMITH

No. 57368.

393 So.2d 545 (1981)

MERCURY MOTORS EXPRESS, INC., Petitioner, v. Patricia Lynn SMITH, As Personal Representative of the Estate of David Jefferson Faircloth, Jr., Deceased, and for the Benefit of David Jefferson Faircloth, III, a Minor, Son of David Jefferson Faircloth, Jr., Deceased, Respondent.

Supreme Court of Florida.

January 22, 1981.

Attorney(s) appearing for the Case

Sheridan K. Weinstein of Papy, Poole, Weissenborn & Papy, Coral Gables, for petitioner.

Headley & Headley, Miami, and Mark Hicks of Daniels & Hicks, Miami, for respondent.

Larry Klein, West Palm Beach, for The Academy of Florida Trial Lawyers, amicus curiae.

ALDERMAN, Justice.

We accept jurisdiction of this case because the decision of the district court, reported at 372 So.2d 116 (Fla. 3d DCA 1979), conflicts with Alexander v. Alterman Transport Lines, Inc., 350 So.2d 1128 (Fla. 1st DCA 1977).

Richard Welch, an employee of the petitioner, Mercury Motors Express, while driving a tractor-trailer for his employer, lost control of the...

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