BOLTON v. SMYTHE

No. 81-1583.

432 So.2d 129 (1983)

Jim D. BOLTON, Individually, and As Father and Next Friend of Jimmy Bolton, Jr., a Minor, and Carrol Bolton, Individually, Appellants, v. James SMYTHE, State Farm Fire & Casualty Company, an Illinois Corporation and Thelma Wallace, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 6, 1983.


Attorney(s) appearing for the Case

L. Edward McClellan, Jr., of McClellan, Kester & Vostrejs, P.A., Ocala, and Wooten, Honeywell, Kest & Martinez, Orlando, for appellants.

Bruce A. Walkley, of McClain, Walkley & Stuart, P.A., Tampa, for appellees James Smythe and State Farm Fire & Cas. Co.

No Appearance for appellee Thelma Wallace.


SHARP, Judge.

The Boltons1 appeal from a final judgment dismissing their third amended complaint against Smythe and his insurance company. Jimmy Bolton, Jr., a minor, was injured when he collided on his motorcycle with Thelma Wallace, a motorist, on a public road. The Boltons alleged that the accident was partially caused by Smythe's lawn sprinkler, which sprayed water on Thelma Wallace's windshield...

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