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CINCINNATI INS. CO. v. SCHNEIDER

No. 77-419.

349 So.2d 728 (1977)

CINCINNATI INSURANCE COMPANY and Robert Zielke, As Personal Representative of the Estate of Judith Louise Zielke, Deceased, Appellants, v. Paul J. SCHNEIDER, Jr., As Personal Representative of the Estate of Irma R. Schneider, Deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

August 23, 1977.

Attorney(s) appearing for the Case

Nancy Little Hoffmann of Druck, Grimmett, Norman, Weaver & Scherer, Fort Lauderdale, for appellants.

Carey M. Fischer of Ferrero, Middlebrooks & Houston, Fort Lauderdale, for appellee.

ALDERMAN, Judge.

This is an interlocutory appeal by the defendants in a wrongful death action, seeking review of a partial summary judgment in favor of the plaintiff on the issue of liability. The defendants raised the affirmative defenses of contributory negligence and assumption of the risk, which, since Hoffman v. Jones, 280 So.2d 431 (Fla. 1973), and Blackburn v. Dorta, 348 So.2d 287

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