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FORD MOTOR COMPANY v. NELSON

No. 77-505.

355 So.2d 158 (1978)

FORD MOTOR COMPANY, a Delaware Corporation, Petitioner, v. Glenda Dale NELSON, Yvonne McClean, Gladstone Granza, Herman Nelson, Jessie Hollingsworth and Yvonne Freeman, Respondents.

District Court of Appeal of Florida, Fourth District.

February 14, 1978.

Attorney(s) appearing for the Case

Marjorie D. Gadarian of Jones, Paine & Foster, West Palm Beach, for petitioner.

Wallace B. McCall of Johnson, Ackerman & Bakst, West Palm Beach, for respondents.

DOWNEY, Judge.

By Petition for Writ of Certiorari Ford Motor Company seeks review of an order of the trial court striking Ford's affirmative defense of failure to use available seat belts in a suit arising out of an automobile accident.

The question presented arises as a result of an interlocutory order in a case formerly cognizable at law. Thus it may be reviewed by Writ of Certiorari if the action of the trial court constitutes a departure from the essential...

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