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SMITH v. AVIS RENT-A-CAR SYSTEM, INC.

No. 73-810.

297 So.2d 841 (1974)

Mary Lee SMITH, As Administratrix of the Estate of Levi Smith, and Mary Lee Smith, Individually, Appellant, v. AVIS RENT-A-CAR SYSTEM, INC., a Corporation, and Liberty Mutual Insurance Company, a Corporation, Appellees.

District Court of Appeal of Florida, Second District.

July 24, 1974.

Attorney(s) appearing for the Case

Wagner, Cunningham, Vaughan, Hapner & May, Tampa, and Podhurst, Orseck & Parks, Miami, for appellant.

Robert L. Dube, Miami, Brown, Dixon, Shear, Brown & Stephenson, Tampa, and Richard M. Gale, Miami, for appellees.

GRIMES, Judge.

The plaintiff's decedent was killed when the truck he was driving crashed into a guardrail of the Howard Frankland Bridge. In his deposition, a surviving passenger said that the decedent lost control of the vehicle when a "ball of fire rolled out" from the area of the ignition. The truck was leased by Avis to the decedent's employer. Avis retained full responsibility for the maintenance and repair of the truck and conducted minor maintenance upon it...

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