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VIA v. TILLINGHAST

Nos. 62-433, 62-434.

153 So.2d 59 (1963)

Sylvia P. Barrows VIA, and her husband, W.A. Via, Appellants, v. Fred C. TILLINGHAST, Russell J. Hlavsa, and independent Dairy Farmers Association, a Florida corporation, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 29, 1963.

Attorney(s) appearing for the Case

Nichols, Gaither, Beckham, Colson & Spence and Aaron Podhurst, Miami, for appellants.

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Carey, Goodman, Terry, Dwyer & Austin, Fowler, White, Gillen, Humkey & Trenam and Henry Burnett, Miami, for appellees.

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

CARROLL, Judge.

An automobile in which the plaintiff Sylvia Via was a passenger, driven by Tillinghast, collided with an automobile owned and driven by Hlavsa, an employee of the Independent Dairy Farmers Association. Mrs. Via sued all three for damages for personal injuries. Her husband joined, seeking derivative damages. Hlavsa and the corporation moved for and obtained separate summary judgments. The plaintiffs' appeals from the two judgments were consolidated...

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