LADY v. GRIFFIN

No. 71-695.

264 So.2d 436 (1972)

Ruby O. LADY, a Widow, and Ruby O. Lady, As Administratrix of the Estate of Milton J.T. Lady, Deceased, Appellants, v. Randy GRIFFIN, D/B/a Casselberry Shell Service Station, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

July 17, 1972.


Attorney(s) appearing for the Case

William F. Poole, IV, of Whitaker & Koepke & Associates, Orlando, for appellants.

John E. Fisher and John W. Bussey, III, of Akerman, Senterfitt, Eidson & Wharton, Orlando, for appellee-Walker Manufacturing Co. and others.


PER CURIAM.

This is an appeal from an award of final summary judgment in a wrongful death action. We feel, based on the conflicting inferences and allegations of fact, that summary judgment was premature. We therefore reverse.

Milton Lady was repairing his personal car in Randy Griffin's gas station. Griffin had given Lady permission to use his equipment, including a large pneumatic bumper jack. Lady jacked up his...

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