WINGATE v. UNITED SERVICES AUTO. ASS'N

No. 85-269.

480 So.2d 665 (1985)

Lucille N. WINGATE and Isaac N. Wingate, Appellants, v. UNITED SERVICES AUTOMOBILE ASSOCIATION and Linda J. Russell, Personal Representative of Estate of Roy Ethelbert Kelly, Deceased, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 3, 1986.


Attorney(s) appearing for the Case

Emory P. Cain, Jacksonville, for appellants.

Robert C. Gobelman of Mathews, Osborne, McNatt, Gobelman & Cobb, Jacksonville, for appellees.


COBB, Chief Judge.

Appellant, Lucille Wingate, was a passenger in a vehicle driven by appellees' decedent. Appellant was injured and the decedent was killed when their vehicle ran off the roadway and into a concrete pillar. Appellant subsequently brought an action in negligence against appellees (the decedent's estate and the decedent's automobile liability insurer). Appellees moved for summary judgment on the ground that the accident was caused by an unexpected heart...

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