FUTCH v. RYDER TRUCK RENTAL, INC.

No. 80-337.

391 So.2d 808 (1980)

Lindsey FUTCH and Jackie C. Futch, His Wife, Appellants, v. RYDER TRUCK RENTAL, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

December 31, 1980.


Attorney(s) appearing for the Case

James W. Smith and C. Anthony Schoder, Jr., Daytona Beach, for appellants.

Chobee Ebbetts, Daytona Beach, for appellee.


ORFINGER, Judge.

The trial court dismissed appellants' third amended complaint with prejudice after ruling in the same order that the law of Maryland, including its doctrine of contributory negligence, would be the law applied in this case. Appellants contend that the trial court erred in dismissing with prejudice, as well as determining to apply Maryland law. We agree on both points and reverse.

From the third amended complaint, the allegations of which we...

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