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BURCH v. GILBERT

No. D-222.

148 So.2d 289 (1963)

Eugene BURCH, Appellant, v. Arthur Hal GILBERT, father of Deborah Carolyn Gilbert, his deceased minor child; and Arthur Hal Gilbert and Carolyn D. Gilbert, his wife and father and mother respectively of Deborah Carolyn Gilbert their deceased minor child; and Arthur Hal Gilbert as Administrator of the Estate of Deborah Carolyn Gilbert, his deceased minor child, Appellees.

District Court of Appeal of Florida. First District.

January 8, 1963.

Attorney(s) appearing for the Case

Alfred A. Green, Daytona Beach, for appellant.

Wagner & Bertone, Daytona Beach, for appellee.

RAWLS, Judge.

On September 18, 1958, appellant-defendant Burch was driving a shrimp truck south on U.S. No. 1 in the right lane of a four lane highway. It was dusk, the highway was straight and level. Burch saw plaintiff Gilbert's car proceeding in a westerly direction crossing the two south bound traffic lanes. Burch applied the brakes on his truck, but stayed in the right lane, and hit Gilbert's car behind the right rear wheel. The impact spun Gilbert's car around...

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