BANAT v. ARMANDO

No. 82-1316.

430 So.2d 503 (1983)

Fouad BANAT, Appellant, v. Jose Mike ARMANDO, Falcone & Ignizio Foods, Inc., a/K/a Falcone & Italia, Inc., and State Farm Fire & Casualty Company, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 20, 1983.


Attorney(s) appearing for the Case

Greene & Cooper and Joan M. Bolotin, Miami, Cohen & Cohen, Miami Beach, for appellant.

Talburt, Kubicki & Bradley and Robert F. Bouchard, Miami, for appellees.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.


FERGUSON, Judge.

Plaintiff was a passenger in the front seat of a small car which crashed into the rear of defendant's stopped truck when the car's brakes failed. A heavy metal lift at the truck's rear, designed to be folded while the truck was being operated in traffic, was left down, the point of the wedge-shaped platform protruding forty-two inches behind the truck's body. On impact, the platform tore through the windshield and roof support parts of the car, causing...

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