PHILLIPS v. PHILLIPS

No. S-344.

287 So.2d 149 (1973)

James Shannon PHILLIPS, a Minor, by His Father and Next Friend, James Vernon Phillips, and James Vernon Phillips, Individually, Appellants, v. J.E. PHILLIPS and Continental Casualty Company, Appellees.

District Court of Appeal of Florida, First District.

December 27, 1973.


Attorney(s) appearing for the Case

Jack S. Graff, of Levin, Warfield, Graff, Mabie & Rosenbloum, Pensacola, for appellants.

Robert P. Gaines, of Beggs, Lane, Daniel, Gaines & Davis, Pensacola, for appellees.


SPECTOR, Judge.

Appellant seeks reversal of a summary judgment entered in favor of the defendant in an action for damages.

Appellant, James Shannon Phillips, was seven years old at the time of the accident and playing in the yard of his grandfather's home during a family barbecue. After everyone had finished eating, the grandfather, appellee, collected the paper plates and trash and threw it into the barbecue pit...

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