SCHWARTZ v. HUGHES SUPPLY, INC.

No. 88-626.

537 So.2d 190 (1989)

Bernard SCHWARTZ and Hannah Schwartz, Husband and Wife, Appellants, v. HUGHES SUPPLY, INC., a Florida Corporation, Solen Herman Hingson, Jr., James Rehak, d/b/a Cape Auto Body, and Joseph Senese, Appellees.

District Court of Appeal of Florida, Second District.

January 18, 1989.


Attorney(s) appearing for the Case

Jeffrey R. Garvin of Garvin & Tripp, P.A., Fort Myers, for appellants.

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, for appellee Hughes Supply, Inc.

T. Rankin Terry, Jr., of Terry & Terry, Fort Myers, for appellees Cape Auto Body and Joseph Senese.


SCHEB, Judge.

Appellants Bernard Schwartz and Hannah Schwartz, his wife, challenge the entry of a final summary judgment in favor of appellees. The trial court held that Bernard Schwartz, a police officer, acted unreasonably when he braced his body against a rolling tow truck in an attempt to protect several accident victims. We reverse.

On February 3, 1983, Officer Schwartz of the Cape Coral Police Department was dispatched to investigate an accident involving...

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