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FLORIDA POWER CORP. v. McCAIN

No. 88-03047.

555 So.2d 1269 (1989)

FLORIDA POWER CORPORATION, a Corporation Doing Business in the State of Florida, Appellant, v. Thomas McCAIN, Individually, and for Use and Benefit of Liberty Mutual Insurance Company, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 31, 1990.

Attorney(s) appearing for the Case

Kenneth C. Deacon and Gail F. Moulds of Harris, Barrett, Mann & Dew, St. Petersburg, for appellant.

Robert A. Herce of Herce & Herce, Tampa, and J. Thomas Wright, Tampa, for appellees.

PARKER, Judge.

Florida Power Corporation appeals the denial by the trial court of its motion for directed verdict in a personal injury action instituted by Thomas McCain against Florida Power. We reverse.

McCain was injured when the blade on the mechanical trencher he was operating struck an underground Florida Power energized electrical line. The present lawsuit was filed by McCain to recover for those injuries resulting in a jury verdict for McCain in the...

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