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SMELLIE v. TORRES

Nos. 89-440, 89-445, 89-687 and 89-688.

570 So.2d 314 (1990)

Winston SMELLIE, et al., Appellants, v. Raymond TORRES, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 19, 1990.

Attorney(s) appearing for the Case

Kubicki, Draper, Gallagher & McGrane, Betsy Gallagher and Dennis J. Murphy, and Allocca & Felder, Miami, for appellants.

Daniels and Hicks, Bambi G. Blum, and Miller, Selig & Kelley, and Herman M. Klemick, Miami, for appellees.

Before NESBITT, BASKIN and FERGUSON, JJ.

NESBITT, Judge.

A tow truck owned by 27th Avenue Gulf Service Center, Inc. and driven by Raymond Torres collided with a van driven by Winston Smellie. After the impact, the van, which additionally contained Grace and Robert Smellie and the vehicle's owner, Enid Smellie, went out of control and collided with a vehicle driven by Wilfred Gibson. The parties conceded that Gibson was not at fault, and the issue on liability was whether the driver of the van, the driver...

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