BROOMS v. JAMES LEE MOTOR COMPANY

PCA No. 2218.

318 F.Supp. 867 (1970)

Gladys A. BROOMS, a married woman, joined by her husband, B. B. Brooms, Plaintiffs, v. JAMES LEE MOTOR COMPANY, a Florida corporation, and Maryland Casualty Company, Defendants.

United States District Court, N. D. Florida, Pensacola Division.

October 23, 1970.


Attorney(s) appearing for the Case

R. P. Warfield, of Levin, Askew, Warfield, Graff & Mabie, P. A., Pensacola, Fla., for plaintiffs.

C. Douglas Brown, of Isler, Welch, Bryant, Smith, Higby & Brown, Panama City, Fla., for defendants.


OPINION

ARNOW, Chief Judge.

This cause is before this Court on Defendants' motion for summary judgment. This is a negligence suit arising out of an automobile accident. A diversity suit, Florida substantive law applies.

The pertinent facts are undisputed. By the pre-trial stipulation and the depositions on file, it is established that, on the date in question, Plaintiffs' car was struck in the rear by an automobile operated, at the time, by one Mary...

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