EVANS v. HARTFORD ACCIDENT & INDEM. CO.

No. 74-10.

303 So.2d 682 (1974)

Evelyn EVANS and Robert K. Evans, Appellants, v. HARTFORD ACCIDENT & INDEMNITY CO. and Palm Coast Plaza, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

December 6, 1974.


Attorney(s) appearing for the Case

Larry Klein, Cone Wagner, Nugent, Johnson & McKeown, P.A., West Palm Beach, for appellants.

Richard A. Henry and Frank G. Cibula, Jr., Walton, Lantaff, Schroeder, Carson & Wahl, West Palm Beach, for appellees.


PER CURIAM.

Upon examination of the record on appeal and upon consideration of the briefs and oral argument we are of the opinion that a genuine triable issue of material fact exists with respect to the nature of the duty owed by the defendant to the plaintiff. Luckey v. City of Orlando, Fla. App. 1972, 264 So.2d 99; cf. Aaron v. Logro Corp., Fla.App. 1969, 226 So.2d 8. A valid distinction can...

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