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GAINEY BY AND THROUGH GAINEY v. PERKINS

No. BI-46.

500 So.2d 272 (1986)

Thomas C. GAINEY, III, a Minor, BY and THROUGH His Parents and Next Friend, Thomas Gainey and Guanita Gainey and Thomas Gainey and Guanita Gainey, Individually, Appellants, v. William PERKINS, D/B/a Blue Ball Chemical Company, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 2, 1987.

Attorney(s) appearing for the Case

David J. Kiyonaga, Jacksonville, for appellants.

David R. Gemmer, Thomas M. Burke, and Donald N. Williams of Rumberger, Kirk, Caldwell, Cabaniss & Burke, Orlando, for appellee.

NIMMONS, Judge.

This is an appeal from a final summary judgment in favor of the defendant/appellee in a product liability case. Because the record reflects genuine issues of material fact, we reverse.

The record shows that the 15 month-old appellant, Thomas C. Gainey, III, while being cared for in the home of his great-grandmother, Juanita Duncan, ingested some Blue Ball Rat Poison (manufactured by the appellee) which had been placed overnight in a pan under...

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