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PORT EVERGLADES TERMINAL COMPANY v. TRANSPORT INS. COMPANY

No. 75-566.

336 So.2d 443 (1976)

PORT EVERGLADES TERMINAL COMPANY, Appellant, v. TRANSPORT INSURANCE COMPANY As Subrogee of William J. Griffin, and William J. Griffin, Individually, Appellees.

District Court of Appeal of Florida, Fourth District.

August 13, 1976.

Attorney(s) appearing for the Case

Edna L. Caruso of Howell, Kirby, Montgomery, D'Aiuto & Dean, West Palm Beach, for appellant.

Tully Scott and Robyn Greene of Corlett, Meritt, Killian & Sikes, Miami, for appellee Transport Ins. Co.

T.W. Montgomery of Jones & Montgomery, Fort Lauderdale, for appellee William J. Griffin.

PER CURIAM.

AFFIRMED.

DOWNEY, J., and ANDREWS, JOHN, Associate Judge, concur.

WALDEN, C.J., dissents with opinion.

WALDEN, Chief Judge (dissenting):

It is my view that the judgment in favor of plaintiffs should be reversed and remanded for a new trial. This is a negligence case. The trial court directed a verdict in favor of plaintiffs as a matter of law. I feel that this was error because from the facts, circumstances and allowable...

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