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RUPERT v. STATE AUTO PROPERTY & CAS. INS. CO.

No. 91-02302.

596 So.2d 1215 (1992)

Joyce C. RUPERT and Charles Rupert, husband & wife, Appellants, v. STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, an insurance company authorized to do business in the State of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 8, 1992.

Attorney(s) appearing for the Case

Frank Comparetto, Jr. of Fontaine, Comparetto & Brown, P.A., Lakeland, for appellants.

David W. Young of Boehm, Brown, Rigdon, Seacrest, & Fischer, P.A., Lakeland, for appellee.

HALL, Acting Chief Judge.

The Ruperts appeal the final summary judgment entered in favor of State Auto Property and Casualty Insurance Company in their action for uninsured motorist benefits under their automobile insurance policy with State Auto. We reverse.

Joyce Rupert fell and broke her wrist in a shopping center parking lot trying to avoid being hit by what she alleged was a negligently driven automobile. Joyce testified at her deposition that she heard...

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