GATES v. FIEN

No. 68-457.

219 So.2d 477 (1969)

Robert C. GATES, a Minor, by and through His Father and Next Friend, Donald J. Gates, and Donald J. Gates, Individually, Appellants, v. Irving FIEN, D/B/a Fine Potato Chip Co. and D/B/a Wise Potato Chips, and Harry E. Haytock, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 19, 1969.


Attorney(s) appearing for the Case

Edward B. Johnson, Jr. and Jeanne Heyward, Miami, for appellants.

Dixon, Bradford, Williams, McKay, & Kimbrell, and Paul A. Carlson, Miami, for appellees.

Before CHARLES CARROLL, C.J., and PEARSON and BARKDULL, JJ.


PER CURIAM.

This case involves the validity of a summary final judgment releasing the driver of a truck and his employer from a cause of action, wherein it was alleged that the minor plaintiff was injured when he jumped upon the rear of the truck [while it was moving] and was subsequently injured.

The record fails to reveal that the driver had any reason to believe that the minor plaintiff was on the truck; no such event had occurred in the past, and the circumstances...

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