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KACZMAREK v. KELLY

No. 85-750.

479 So.2d 222 (1985)

Michael KACZMAREK, Appellant, v. Michael Brian KELLY, Appellee.

District Court of Appeal of Florida, Fifth District.

November 29, 1985.

Attorney(s) appearing for the Case

J. Lester Kaney of Cobb & Cole, Daytona Beach, for appellant.

Larry Mark Polsky, Daytona Beach, for appellee.

SHARP, Judge.

Kaczmarek appeals from a partial summary judgment entered in favor of Kelly, the plaintiff below.1 The trial court ruled that Kaczmarek's negligence as the driver of a dune buggy, which injured Kelly while he was a passenger in the vehicle, should not be imputed to Kelly in his suit against Kaczmarek, merely because Kelly was the lessee or bailor of the buggy. We agree and affirm.

In Weber v. Porco,

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