McCLAIN v. McDERMOTT

No. 38608.

232 So.2d 161 (1970)

Howard P. McCLAIN, and American Hospital Supply Corporation, an Illinois Corporation, Petitioners, v. Ida McDERMOTT, a Widow, Respondent.

Supreme Court of Florida.

Rehearing Denied March 23, 1970.


Attorney(s) appearing for the Case

W.S. Holland, of Dixon, Bradford, Williams, McKay & Kimbrell, Miami, for petitioners.

Alan R. Schwartz, of Horton & Schwartz and Albert, Weiner & Rubin, Miami, for respondent.


CARLTON, Justice.

This is a negligence case. The District Court of Appeal, Third District, in an opinion reported at 220 So.2d 394, reversed a Circuit Court, Dade County, summary final judgment in favor of petitioner-defendant. One District Court Judge dissented.

The facts are these. Petitioner was in the hospital supply business. Respondent's husband, now deceased, manufactured a surgical implement. Petitioner and the deceased...

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