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FORLAW v. FITZER

No. 64258.

456 So.2d 432 (1984)

J. Russell FORLAW, M.D., Petitioner, v. Walter FITZER, As the Personal Representative of the Estate of Diane Fitzer, Deceased, Respondent.

Supreme Court of Florida.

Rehearing Denied October 22, 1984.

Attorney(s) appearing for the Case

Marjorie Gadarian Graham of Jones & Foster, West Palm Beach, for petitioner.

Montgomery, Lytal, Reiter, Denney & Searcy, and Edna L. Caruso, West Palm Beach, for respondent.

PER CURIAM.

This case is before us to answer a question certified by a district court to be of great public importance. Fitzer v. Forlaw, 435 So.2d 839 (Fla. 4th DCA 1983). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

Terry Loomis struck and killed twelve-year-old Diane Fitzer as she rode her bicycle on the shoulder of a road April 19, 1979. Loomis was under the influence...

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