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RIMES v. MASON EQUIPMENT CORPORATION

Nos. 85-686, 85-687.

483 So.2d 782 (1986)

Evelyn RIMES, As Personal Representative of the Estate of Ronald Rimes, Deceased, Appellant, v. H.F. MASON EQUIPMENT CORPORATION, a/K/a Mason Equipment Corporation, a Florida Corporation, Essex Crane Rental Corporation of Alabama, a Foreign Corporation, and the Manitowoc Co., Inc., a Foreign Corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 14, 1986.

Attorney(s) appearing for the Case

Anderson, Moss, Russo, Gievers & Cohen, Daniels & Hicks and Patrice A. Talisman, for appellant.

Pyszka, Kessler, Massey, Weldon, Catri, Holton & Douberley, Greene & Cooper and Joan M. Bolotin, for appellees.

Before NESBITT and DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

We reverse the summary judgments entered in favor of the appellees, defendants below, because there exists a genuine issue of material fact as to whether the lack of a device either to enable the operator of a crane to see persons behind and below the crane's cab or to audibly warn persons located in the immediate vicinity of the cab of the imminent rotation of the cab constitutes a defective condition which was a proximate cause of the death of the plaintiff...

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