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RON BURTON, INC. v. VILLWOCK

No. 83-1781.

477 So.2d 596 (1985)

RON BURTON, INC., Juan F. Hernandez, a/K/a Pablo Rodriquez, Florida Farm Bureau Casualty Insurance Company, and Burton Citrus Harvesting, Inc., Appellants/Cross Appellees, v. Arthur P. VILLWOCK, As Personal Representative of the Estate of Miguel Landaverde, Deceased, Ernest Franklin Maroon, North Alabama Transportation, Inc., and Commercial Standard Insurance Company, Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 29, 1985.

Attorney(s) appearing for the Case

John W. Bussey, III, and Janet R. Delaura of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Rockledge, for Florida Farm Bureau.

Robin A. Blanton of Moss, Henderson & Lloyd, P.A., Vero Beach, for Rodriquez and Ron Burton, Inc.

Edgar A. Brown of Lloyd, Brown, Hoskins & Becht, P.A., Fort Pierce, for Burton Citrus.

David Glenny and John P. Wiederhold of Wiederhold, Moses & Bulfin, P.A., West Palm Beach, for Maroon.

Sammy Cacciatore of Nance, Cacciatore & Sisserson, Melbourne; and William F. Sullivan, Coral Gables, for intervenors, Barroso, et al.

Edna L. Caruso of Edna L. Caruso, P.A., and Montgomery, Lytal, Reiter, Denney & Searcy, P.A., West Palm Beach, for Villwock.

David R. Rigell and R. Fred Lewis of Magill, Reid & Lewis, P.A., Miami, for North Alabama and Commercial Standard.

Jonathan L. Alpert of Fowler, White, Gillen, Boggs, Villareal & Banker, Tampa, amicus curiae for American Farm Bureau, Florida Farm, South Florida Tomato, U.S. Sugar, Florida Flower, Indian River, Florida Nurserymen, Florida Strawberry and Florida Sugar Cane.

LETTS, Judge.

This cause is one of many arising from a tragic and bizarre accident involving the head-on collision between an allegedly overloaded van, crowded with alien migrant agricultural laborers, and a tractor-trailer.

The van was one of two, leased to the same employer, proceeding north in convoy on a two-way single-lane highway. The van following stopped and blinked its lights, whereupon the lead van driver, supposing mechanical problems encountered...

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