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POOTON v. BERUTICH

No. 7138.

199 So.2d 139 (1967)

Frank POOTON, Surviving Spouse of Violet J. Pooton, Deceased, Appellant, v. Teresa BERUTICH and Jane G. Farrell, Appellees.

District Court of Appeal of Florida. Second District.

May 17, 1967.

Attorney(s) appearing for the Case

Barry V. Forde, of Tanney & Forde, Clearwater, for appellant.

Charlie Luckie, Jr., of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellees.

HOBSON, Judge.

Plaintiff-appellant, Frank Pooton, the surviving spouse of Violet J. Pooton, sued defendant-appellees pursuant to Chapter 768 of the Florida Statutes F.S.A. for the wrongful death of Violet J. Pooton as a result of injuries received in an automobile accident. Plaintiff's original complaint alleged simple negligence. Subsequent thereto motions for summary judgment were filed on behalf of both parties, plaintiff's position being that the pleadings and...

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