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GUSTINGER v. H.J.R., INC.

No. 88-1327.

573 So.2d 1033 (1991)

Alfred GUSTINGER, Jr., As Personal Representative of the Estate of Ernest A. Cole, and As Personal Representative of the Estate of Meredith Cole, Appellant, v. H.J.R., INC., F/K/a Ross Associates Inc., a Division of Baymont Corp., Appellee.

District Court of Appeal of Florida, Third District.

February 5, 1991.

Attorney(s) appearing for the Case

Spence, Payne Masington, Grossman & Needle, Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, and Joel S. Perwin, Walton Lantaff Schroeder and Carson, Miami, for appellant.

Kubicki, Bradley, Draper, Gallagher & McGrane, and Betsy E. Gallagher and Jon Derrevere, Miami, for appellee.

Before FERGUSON, COPE and LEVY, JJ.

PER CURIAM.

Ernest and Meredith Cole were killed instantly when their car was broadsided by a police car responding, at 70 m.p.h., to an emergency call. The personal representative brought this wrongful death action against the Florida Department of Transportation (DOT) and the road construction engineer and contractor, H.J. Ross Associates, Inc., and H.J. Ross Associates. This appeal is brought from a final summary judgment...

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