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COX v. SEABOARD COAST LINE R.R. CO.

Nos. 77-700, 77-1580.

360 So.2d 8 (1978)

Eric COX, a Minor, by and through His Guardian and Next Friend, J.W. Caldwell, Appellant, v. SEABOARD COAST LINE RAILROAD COMPANY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 27, 1978.

Attorney(s) appearing for the Case

Beckham, McAliley & Proenza, and Robert Orseck of Podhurst, Orseck & Parks, Miami, for appellant.

Michael N. Brown of Allen, Dell, Frank & Trinkle, Tampa, for appellee.

HOBSON, Acting Chief Judge.

In this appeal, we affirm the trial court's denial of leave to amend a complaint to assert a separate and distinct cause of action. The action arose from a train-car collision in which minor suffered personal injuries and minor's parents were killed. Minor brought suit for the wrongful death of his mother, and recovered. Minor then brought suit for the wrongful death of the father. After this second wrongful death action had been pending...

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