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RODRIGUEZ v. SHELL'S CITY, INC.

No. 61-508.

141 So.2d 590 (1962)

Rene Vincent RODRIGUEZ, Appellant, v. SHELL'S CITY, INC., a Florida corporation; and max Freundlich and Fred Kantor, Individuals trading and doing business as partners in Irolite Finishing Company, a partnership, Appellees.

District Court of Appeal of Florida, Third District.

On Rehearing June 12, 1962.

Attorney(s) appearing for the Case

Nichols, Gaither, Beckham, Colson & Spence, Miami, and Alan R. Schwartz, Miami Beach, for appellant.

Blackwell, Walker & Gray and Paul R. Larkin, Jr.; Scott, McCarthy, Preston, Steel & Gilleland, Miami, for appellees.

Before PEARSON, TILLMAN, C.J., and BARKDULL and HENDRY, JJ.

HENDRY, Judge.

The plaintiff, Rene Vincent Rodriguez, appeals a final summary judgment in favor of the defendant, Shell's City, Inc. On May 27, 1958, plaintiff was severely injured when a piece of a hard rubber disk, which was part of a sanding kit, disintegrated and flew into his eye. The sanding device had been purchased very shortly before the accident by the plaintiff's brother, Luis Rodriguez, from the defendant, Shell's City, Inc., a large department store and...

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