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TOMMIE v. LaCHANCE

No. 81-1353.

412 So.2d 439 (1982)

Clinton Howard TOMMIE, Dorothy L. Tommie, and Allstate Insurance Company, Petitioners, v. Reginald LaCHANCE, Jocelyn LaChance, the Estate of Stephen LaChance, Deceased, through the Co-Administrators, Reginald LaChance and Jocelyn LaChance, Respondents.

District Court of Appeal of Florida, Fourth District.

April 14, 1982.

Attorney(s) appearing for the Case

Jeanne Heyward, Miami, and Burdick & Donahoe, Fort Lauderdale, for petitioners.

Sheldon J. Schlesinger of Simons & Schlesinger, P.A., Fort Lauderdale, for respondents.

GLICKSTEIN, Judge.

Petitioners are the operator, owner and insurer of a motor vehicle that collided with a dirt bike on which two boys were riding, killing one, Stephen LaChance, and injuring the other, David Wilson. Stephen's parents, as administrators of his estate, brought an action for wrongful death against petitioners, alleging that Stephen was a passenger on the dirt bike and David was the operator. Petitioners' answer denied that Stephen was the passenger...

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