LYNCH v. STULL

No. 76-1685.

345 So.2d 864 (1977)

Paul LYNCH, a Minor, by His Mother and Next Friend, Jacqueline Lynch, and Jacqueline Lynch, Individually, Appellants, v. Rodney STULL and Marley M. Stull, Doing Business As Doc's Auto Parts and Allstate Insurance Company, Appellees.

District Court of Appeal of Florida, Second District.

May 11, 1977.


Attorney(s) appearing for the Case

Julian L. Miller of Miller & Anderson, St. Petersburg, for appellants.

Mark E. Hungate and James C. Hadaway of Fowler, White, Gillen, Boggs, Villareal & Banker, St. Petersburg, for appellees.


OTT, Judge.

The sole issue is whether the court below was correct as a matter of law in directing a verdict for the appellees/defendants. We hold that the court erred and accordingly reverse.

The minor plaintiff (then 10 years old) and two twelve year olds were playing with a two-wheeled boat trailer. They had placed a sheet of plywood over the trailer frame and would hitch the trailer to a bicycle. One would pedal while the other two would ride. The riders...

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