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BELTRAN v. WASTE MANAGEMENT, INC.

No. 81-63.

414 So.2d 1145 (1982)

Walburga BELTRAN, William Beltran, Individually and As Personal Representatives of the Estate of Candice Beltran, a Minor Deceased, Appellants, v. WASTE MANAGEMENT, INC. of Florida, Bobby Johnson and American Motorists Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

June 8, 1982.

Attorney(s) appearing for the Case

Cohen & Cohen, Miami Beach, Greene & Cooper and Mark Cooper, Miami, for appellants.

Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern and Robert Tucker and Stanley Buky, Miami, for appellees.

Before HUBBART, C.J., and HENDRY and JORGENSON, JJ.

PER CURIAM.

The Beltrans appeal from a final judgment following a jury trial which found no negligence on the part of Waste Management, Inc. of Florida and its driver, Bobby Johnson. We reverse.

The trial court erred when it granted, over plaintiff's objection, a defense-requested instruction dealing, in essence, with "last clear chance",1 which was approved by our Supreme Court in Kerr v. Caraway, 78 So...

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