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GOTTSCHALK v. SMITH

Nos. 75-680, 75-718.

334 So.2d 102 (1976)

Edward GOTTSCHALK and Allstate Insurance Company, a Foreign Corporation, Appellants, v. George E. SMITH and Grace Smith, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 9, 1976.

Attorney(s) appearing for the Case

Talburt, Kubicki & Bradley and Robert Dickman, Jeanne Heyward, Miami, for appellants.

Horton, Perse & Ginsberg, Welsh & Carroll, Miami, for appellees.

Before BARKDULL, C.J., PEARSON, J., and CHARLES CARROLL (Ret.), Associate Judge.

BARKDULL, Chief Judge.

The case sub judice arose out of an altercation between the appellee, George E. Smith, and one William H. Miles. On March 13, 1973, Smith drove his automobile into a Standard Oil Company service station operated by the appellant, Edward Gottschalk. As he approached the gasoline pumps, he allegedly struck or brushed against Miles with his automobile. At the time, Miles (a customer at the station) was walking from the pumps toward the mechanical...

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