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GATLIN v. JACOBS CONSTRUCTION CO.

Nos. 1605, 1606.

218 So.2d 188 (1969)

Eli GATLIN, As Father of Albert Gatlin, Deceased Minor, and Eli Gatlin, Individually, Appellants, v. JACOBS CONSTRUCTION CO., a Delaware Corporation, Appellee. Eli GATLIN, As Administrator of the Estate of Albert Gatlin, Deceased Minor, Appellant, v. JACOBS CONSTRUCTION CO., a Delaware Corporation, Appellee.

District Court of Appeal of Florida. Fourth District.

Rehearing Denied February 18, 1969.

Attorney(s) appearing for the Case

William Whitaker and Karl O. Koepke, of William Whitaker & Associates, Orlando, for appellant.

Leon H. Handley and Fred M. Peed, of Gurney, Gurney & Handley, Orlando, for appellee.

CROSS, Judge.

The appellants-plaintiffs, Eli Gatlin, individually, and Eli Gatlin, as Administrator of the Estate of Albert Gatlin, deceased minor, appeal an order vacating and setting aside judgments entered pursuant to a jury verdict and granting to the appellee-defendant, Jacobs Construction Co., a new trial in a wrongful death and survival action, which cases were consolidated on appeal. We reverse.

On January 16, 1965, Albert Gatlin, a 12-year-old son...

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