CITY OF CAPE CORAL v. DUVALL

Nos. 81-2068 to 81-2071.

436 So.2d 136 (1983)

CITY OF CAPE CORAL, Appellant, v. Kathy Jean DUVALL, a Minor, by Her Father and Next Friend, William R. Duvall, Appellees. CITY OF CAPE CORAL, Appellant, v. Richard FONTAINE, As Administrator of the Estate of Donald Joseph Fontaine, a Minor, Deceased, Appellee. CITY OF CAPE CORAL, Appellant, v. Camita BEDDOW, As Administratrix of the Estate of Judy Lynn Scroggins, Appellee. CITY OF CAPE CORAL, Appellant, v. John Thomas TKAC and Angela Tkac, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 22, 1983.


Attorney(s) appearing for the Case

Chris W. Altenbernd of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellant.

Wagner, Cunningham, Vaughan & McLaughlin, P.A., Tampa, Joe Unger, Miami and Joel D. Eaton and Joel S. Perwin of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, for appellees.


RYDER, Judge.

The City of Cape Coral appeals from the final judgment awarding appellees damages for personal injuries. We reverse.

This action began as four lawsuits filed concerning an automobile accident occurring February 15, 1975 in Cape Coral. The plaintiffs/appellees are personal representatives of two parties killed in the accident, Scroggins and Fontaine, Kathy Duvall Ellis and her parents, as well as John Tkac and his wife. The plaintiffs/appellees...

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