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SMITH v. LASKEY

Nos. 1652, 1653.

222 So.2d 773 (1969)

Lois R. SMITH, As Administratrix of the Estate of Michelle Renee Smith, Deceased, a Minor, Appellant, v. Henry A. LASKEY and Carlie E. Laskey, Trading and D/B/a Laskey Sales Company, and Robert Alvin Miller, Appellees. Lois R. SMITH, Appellant, v. SCHLITZ BREWING COMPANY, a Corporation, Henry A. Laskey and Carlie E. Laskey, Trading and D/B/a Laskey Sales Company, and Robert Alvin Miller, Appellees.

District Court of Appeal of Florida. Fourth District.

Rehearing Denied June 12, 1969.

Attorney(s) appearing for the Case

Joseph D. Farish, Jr., and Eugene E. Shuey, of Farish & Farish, West Palm Beach, for appellant.

John R. Beranek, of Jones, Adams, Paine & Foster, West Palm Beach, for appellees Laskey and Miller.

McCAIN, Judge.

Michelle Renee Smith, the two-year-old daughter of the plaintiff Lois Smith, was struck by a truck driven by the defendant, Robert Alvin Miller. Miller was acting within the scope of his employment for the defendants, Henry and Carlie Laskey, d/b/a Laskey Sales Company. As a result of the injuries she sustained, Michelle died.

Plaintiff filed an action as administratrix of her deceased child's estate, in which she claimed damages for pain and...

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