BURKS v. GRUNDMAN

No. 66-20.

189 So.2d 511 (1966)

Wilburt BURKS, Appellant, v. Catherine Virginia GRUNDMAN, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied September 14, 1966.


Attorney(s) appearing for the Case

James J. McVeigh, Miami, for appellant.

Dean & Adams and George E. Bunnell, Miami, for appellee.

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


PER CURIAM.

The plaintiff appeals a summary final judgment in an action brought against an automobile driver for injuries received by the plaintiff when plaintiff, a pedestrian, was struck by defendant's car. Appellant urges that the trial judge erred in entering the summary judgment because the appellant was entitled to the benefit of the doctrine of last clear chance.

Appellant was struck when he ran, or walked rapidly, across an open highway on a dark night...

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