SMITH v. JUNG

No. 69-860.

241 So.2d 874 (1970)

Albert E. SMITH, As Administrator of the Estate of Albert E. Smith, III, and Albert E. Smith, Individually, Appellant, v. Kenneth H. JUNG, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 18, 1970.


Attorney(s) appearing for the Case

Horton & Schwartz, and Green & Hastings, Miami, for appellant.

Welsh & Carroll, Sam Daniels, Miami, for appellee.

Before CHARLES CARROLL, BARKDULL, and SWANN, JJ.


PER CURIAM.

This is a wrongful death action following the death of the plaintiff's minor son, by drowning, alleged to have resulted from negligence of the defendant. On motion of the defendant, the second amended complaint was dismissed for failure to state a cause of action, and the plaintiff appealed. We hold the trial court was in error in so ruling.

It was alleged that the plaintiff and his family, including his 17 year old son who was the victim of drowning...

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