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BADGETT EX REL. BADGETT v. THORNES

No. BH-52.

492 So.2d 851 (1986)

Kenneth Edward BADGETT, III, a Minor, By and through Kenneth Edward BADGETT, Jr., As Guardian and Next Friend, Kenneth Edward Badgett, Jr., Individually and Kenneth Edward Badgett, Jr., As Trustee for Frances Badgett, Natural Mother of Kenneth Edward Badgett, III, Appellants, v. Frankie Mae THORNES and J.C. Harris, Appellees.

District Court of Appeal of Florida, First District.

August 20, 1986.

Attorney(s) appearing for the Case

C. Rufus Pennington III, of Margol, Fryefield & Pennington, Jacksonville, for appellants.

Robert E. O'Quinn, Jr. of Webb, Swain & O'Quinn, P.A., Jacksonville, for appellees.

BARFIELD, Judge.

Kenneth Badgett and his parents appeal a final summary judgment in favor of the owner and the driver of a school bus in a negligence suit involving a traffic accident in which Kenneth was injured. We reverse.

It is apparent from the record evidence before the trial judge at the time the motion for summary judgment was granted that there existed genuine issues of material fact regarding whether Thornes and Harris were agents or employees of...

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