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BELL v. MALACOATE

No. 79-977.

397 So.2d 1046 (1981)

Leslie BELL, by and through Her Next Friend, Betty Neil, Appellant, v. Don MALACOATE, Llani Collins Marsh and Aetna Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

May 13, 1981.

Attorney(s) appearing for the Case

Robert L. Switkes of Law Offices of Norman K. Schwarz, P.A., Miami Beach, for appellant.

Linda M. Rigot of Ress, Gomez, Rosenberg & Howland, P.A., North Miami, for appellees.

PER CURIAM.

Plaintiff appeals from a summary judgment entered in favor of the defendant in a comparative negligence case. Since the testimony of two witnesses was in direct conflict with that of the minor plaintiff, we find that this is a classic case in which a summary judgment should not be entered. While the jury might very well choose to believe the two non-party witnesses rather than the plaintiff, this is not an appropriate...

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