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CORNETTE v. SPALDING & EVENFLO CO.

No. 90-3452.

608 So.2d 144 (1992)

Randolph CORNETTE, Sr., and Vicky Cornette, As Co-Personal Representatives of the Estate of Randolph Cornette, Jr., Deceased, Appellants, Cross Appellees, v. SPALDING & EVENFLO Companies, Inc., a Foreign Corporation, and Toys-R-Us, Inc., a Foreign Corporation, Appellees, Cross Appellants.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied December 17, 1992.

Attorney(s) appearing for the Case

Thomas R. Dye of Morgan, Lewis & Bockius, Miami, and Karen J. Haas of Law Offices of Karen J. Hass, Miami, for appellants/cross appellees.

Shelley H. Leinicke of Wicker, Smith, Tutan, O'Hare, McCoy, Graham & Lane, P.A., Fort Lauderdale, for appellees/cross appellants.

Rehearing and Rehearing En Banc Denied December 17, 1992.

HERSEY, Judge.

In this wrongful death action the jury returned a verdict for the defense and a motion for new trial was denied. We reverse for a new trial.

Appellants, plaintiffs below, alleged, inter alia, a cause of action sounding in strict liability. Their request for a specific instruction to the jury, which included the following language, was denied:

Further, any negligence of...

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