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MACKEY v. ARNOLD

No. 69-862.

242 So.2d 754 (1970)

Gladys R. MACKEY and Cedric B. Golden, by and through His Mother and Legal Guardian, Gladys R. Mackey, Appellants, v. Richard Wayne ARNOLD and Fidelity and Deposit Company of Maryland, a Maryland Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 25, 1971.

Attorney(s) appearing for the Case

Charles R. Trulock, Jr., of Law Offices of James M. Russ, Orlando, for appellants.

John L. Sewell and Thomas M. Woodruff, of Gurney, Gurney & Handley, Orlando, for appellees.

OWEN, Judge.

In this automobile-darting child case, summary judgment was entered in favor of the owner and operator of the automobile.

The principles of law which are to be applied in considering a motion for summary judgment in the darting child cases of this type are well known in the abstract but are not always simple to apply in close factual situations. By way of example, compare the opinion of this court in Byrd v. Leach, Fla.App. 1969,

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