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RHODES v. ASPLUNDH TREE EXPERT CO.

No. 86-2332.

528 So.2d 459 (1988)

James RHODES and Sherie Rhodes, His Wife, Appellants, v. ASPLUNDH TREE EXPERT COMPANY, a Corporation, and Aetna Casualty & Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 11, 1988.

Attorney(s) appearing for the Case

Sinclair, Louis, Siegel, Heath, Nussbaum & Zavertnik and Leonard H. Rubin, Miami, for appellants.

Ress, Gomez, Rosenberg, Howland & Mintz and Gerald Deckelbaum and David R. Howland, North Miami, for appellees.

Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.

PER CURIAM.

James and Sherie Rhodes appeal from a final judgment and a cost judgment in favor of Asplundh Tree Expert Company [Asplundh] and its surety. James Rhodes sustained injuries while working from the bucket of a cherrypicker's extended boom. The boom fractured and Rhodes fell to the ground.

The boom was manufactured by Asplundh. It had belonged to several previous owners before Rhodes' employer purchased it. The gravamen of his complaint is that Asplundh...

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