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HARROLD v. SCHLUEP

No. 71-823.

264 So.2d 431 (1972)

Gary HARROLD, a Minor, by His Mother and Next Friend, Mary Ann Harrold, Appellant, v. Herman Bartley SCHLUEP, Appellee.

District Court of Appeal of Florida, Fourth District.

July 17, 1972.

Attorney(s) appearing for the Case

Nolan Carter, of Maher, Carter & Overchuck, Orlando, for appellant.

Charles W. Abbott and Lon S. Cornelius, Jr., of Maguire, Voorhis & Wells, Orlando, for appellee.

WALDEN, Judge.

An automobile and a bicycle collided with personal injuries resulting to the bicyclist, Gary Harrold. In the ensuing negligence action jury verdict and judgment were entered in favor of the defendant-automobilist-Schluep. We reverse and remand for a new trial.

The plaintiff bicyclist was a minor who was 6 years, 2 months, and 1 week of age on the date of the accident. At trial date he was 6 years, 8 months, and 2 weeks of age.

The adult...

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