CLARK v. LOWE

No. 70-991.

261 So.2d 567 (1972)

William Joseph CLARK, a Minor, by and through His Father and Next Friend William M. Clark, and William M. Clark, Appellants, v. William LOWE, Jr., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 24, 1972.


Attorney(s) appearing for the Case

Sheldon J. Schlesinger of Simons & Schlesinger, Hollywood, for appellants.

Norman C. Roettger, Jr., and Theodore R. Hainline of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellee.


CROSS, Judge.

Appellants-plaintiffs, William Joseph Clark, a minor, through his father and next friend William M. Clark, and William M. Clark in his individual capacity, appeal a final judgment in favor of appellee-defendant, William Lowe, Jr., in a "darting child" negligence action. We reverse.

The facts in the instant case are largely undisputed. At approximately 4 p.m. on September 14, 1968, defendant was driving his car along a street in Hollywood, Florida...

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