NACKMAN v. MIESSEN

No. 64-26.

168 So.2d 711 (1964)

Julius NACKMAN, by his Guardian, Beatrice Nackman, Appellant, v. Jacqueline MIESSEN and Robert A. Miessen, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied December 4, 1964.


Attorney(s) appearing for the Case

A. Michael Clein and Richard M. Gale, Miami, for appellant.

Dean, Adams & Fischer, Miami, for appellees.

Before BARKDULL, C.J., and HORTON and HENDRY, JJ.


PER CURIAM.

This appeal by the plaintiff in the court below is from a summary judgment in an action for personal injuries sustained when, as a pedestrian, he was struck by an automobile driven by the appellee.

The major issue on this appeal is the correctness of the summary judgment. The appellant contends that it was erroneous since the doctrine of last clear chance was applicable on all the facts and would preclude such a determination. In order to justify...

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