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ST. MARTIN v. ALLSTATE INS. CO.

No. 78-763.

367 So.2d 1077 (1979)

Joyce ST. MARTIN, Individually, and As Mother of Farley Wasserman, a Minor, and Farley Wasserman, Individually, Appellants, v. ALLSTATE INSURANCE COMPANY and Edith Rosenblatt, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 16, 1979.

Attorney(s) appearing for the Case

Cohen & Cohen, Miami Beach, Kuvin, Klingensmith & Lewis and R. Fred Lewis, Coconut Grove, for appellants.

Talburt, Kubicki & Bradley and Betsy E. Hartley, Miami, for appellees.

Before PEARSON, KEHOE and SCHWARTZ, JJ.

SCHWARTZ, Judge.

The minor plaintiff was a pedestrian struck by an automobile driven by the defendant Rosenblatt. We reverse the summary judgment entered below for the defendants because the movants did not conclusively establish either the non-existence of any genuine issue concerning the driver's negligence and legal cause, or that the plaintiff's conduct was the sole proximate cause of the accident. Proctor & Gamble Distributing Co. v. McGlamery,

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