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PICKETT v. WOODS

No. 77-736.

360 So.2d 45 (1978)

Nancy Elizabeth PICKETT, As Personal Representative of the Estate of Wilbur Crafts Pickett, Jr., Deceased, and Nancy Elizabeth Pickett, As Personal Representative of the Estate of Wilbur Crafts Pickett, Jr., Deceased, On Behalf of King Pickett, Duke Pickett, Earl Pickett and Baron Pickett, the Minor Surviving Children of Wilbur Crafts Pickett, Jr., Deceased, Appellants, v. T. Michael WOODS, Successor Personal Representative of the Estate of Jack L. Byrd, Deceased, Foremost Insurance Company, a Michigan Corporation, Jan M. Sellers, Personal Representative of the Estate of Clifford R. Sellers, Deceased, and John Doe Insurance Company, an Unknown Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 19, 1978.

Attorney(s) appearing for the Case

Walter A. Butcka and Lester A. Lewis of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Daytona Beach, for appellants.

James B. Denman and Frank R. Gramling of James V. Dolan & Associates, P.A., Fort Lauderdale, for appellee Foremost.

Stephen P. Kanar of Fishback, Davis, Dominick & Simonet, Orlando, for appellee Jan M. Sellers.

ANSTEAD, Judge.

This is an appeal from a final summary judgment barring the wrongful death claims of the appellants against the appellees, Foremost Insurance Company and Jan M. Sellers. We reverse.

The appellants filed a wrongful death action against the appellees, alleging that Jack L. Byrd, as owner and operator, and Clifford R. Sellers, as operator, were negligently responsible for an airplane crash which resulted...

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