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LAMBERT v. INDIAN RIVER ELEC., INC.

No. 87-2775.

551 So.2d 518 (1989)

Roger LAMBERT, As Guardian Ad Litem for Carol A. Hoffler, an Incompetent Person, Appellant, v. INDIAN RIVER ELECTRIC, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 1, 1989.

Attorney(s) appearing for the Case

Raymond G. Ingalsbe, North Palm Beach, and Philip M. Burlington of Edna L. Caruso, P.A., West Palm Beach, for appellant.

Kenneth M. Rubin of Wiederhold, Moses & Bulfin, P.A., West Palm Beach, for appellee.

STONE, Judge.

We reverse a summary final judgment entered in favor of the defendant in a negligence action. The defendant, Indian River Electric, Inc. is the owner of a van and the employer of the driver, Alan Hoffler. The appellant is the guardian ad litem for the injured passenger, Carol Hoffler, the wife of the driver. The employer had entrusted the van to Alan for his personal use.

Alan Hoffler stated, in deposition testimony, that on the night of the...

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