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DE HERRERA v. GULF & WESTERN INDUSTRIES, INC.

Nos. 84-1072, 84-1853.

476 So.2d 691 (1985)

Aurora Maria Leal DE HERRERA, As Personal Representative of the Estate of Alvaro Herrera, Deceased, Appellant, v. GULF AND WESTERN INDUSTRIES, INC., d/b/a Gulf and Western Food Products Corp., D/B/a Okeelanta Sugar Mill and Aetna Casualty and Surety Company, Appellees.

District Court of Appeal of Florida, Third District.

As Clarified on Rehearing October 29, 1985.

Attorney(s) appearing for the Case

Adams, Hunter, Angones & Adams, Daniels & Hicks and Sam Daniels and Patrice A. Talisman, Miami, for appellant.

Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern and Douglas J. Chumbley, Miami, for appellees.

Before HENDRY, HUBBART and FERGUSON, JJ.

HENDRY, Judge.

Aurora de Herrera, as personal representative of the estate of Alvaro Herrera, appeals from the entry of a final summary judgment in favor of appellee Gulf & Western Industries, Inc. and a final cost judgment in favor of appellee. We reverse and remand for a trial on the merits.

Alvaro Herrera was killed when his car struck a tractor-trailer which had crossed the center line on U.S. Highway 27 to avoid hitting other vehicles stopped behind...

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