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MALTEMPO v. CUTHBERT

No. 73-732.

288 So.2d 517 (1974)

Michael John MALTEMPO, As Administrator of the Estate of Michael John Maltempo, II, Plaintiff, v. Richard C. CUTHBERT and Liberty Mutual Insurance Company, Defendants.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 11, 1974.

Attorney(s) appearing for the Case

John A. Lloyd, Jr., St. Petersburg, for plaintiff.

James C. Delesie, of Macfarlane, Ferguson, Allison & Kelly, Tampa, for defendants.

GRIMES, Judge.

This case comes to us by certified question.

The certificate succinctly sets forth the issue to be decided, to-wit:

"STATEMENT OF FACTS

The Plaintiff, MICHAEL JOHN MALTEMPO, as administrator of the Estate of Michael John Maltempo, II, heretofore, on March 2, 1973, filed his complaint in this court against the Defendants for injuries and damages sustained by Plaintiff's decedent on February 4 and 5, 1970, alleging that such...

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