TOOLE v. DUMAS

No. 71-563.

262 So.2d 218 (1972)

Robert TOOLE, a Minor, by and through His Mother and Next Friend, Norma Toole Kelly, and Norma Toole Kelly, Individually, Appellants, v. Marcel DUMAS, and Du-West, Inc., a Florida Corporation, Individually, Jointly and Severally, Appellees.

District Court of Appeal of Florida, Fourth District.

May 19, 1972.


Attorney(s) appearing for the Case

Robert D. Hurth, Fort Lauderdale, for appellants.

Edna L. Caruso, of Howell, Kirby, Montgomery, D'Aiuto, Dean & Hallowes, West Palm Beach, for appellees.


WHITE, JOS. S., Associate Judge.

This appeal grows out of a suit for bodily injury. There was a verdict for the defendant and appellant, plaintiff below, now urges that the lower court erred in refusing his request to give the charge on the "last clear chance."1

The injured party, a ten-year-old lad, was riding a bicycle on the unpaved "shoulder" of a public street. Defendant was driving an automobile truck in the opposite direction...

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