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SAMMARTINO v. BUTT-BAKER

No. 91-01997.

599 So.2d 263 (1992)

Sebastian SAMMARTINO, Individually and as Husband, and Sebastian Sammartino, as guardian of Eleanor Sammartino, incompetent, Appellant, v. Loretta K. BUTT-BAKER, Jackie D. Armstrong, and VSM Trucking, Inc., Appellees.

District Court of Appeal of Florida, Second District.

May 27, 1992.

Attorney(s) appearing for the Case

Robert V. Greene of Lusk, Drasites & Tolisano, P.A., Cape Coral, for appellant.

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, for appellees Jackie D. Armstrong and VSM Trucking, Inc.

FRANK, Judge.

In this automobile negligence action the trial judge granted summary judgment in favor of the owner and driver of the truck that struck the Sammartinos' vehicle, on the ground that the accident was caused when a third car pulled out in front of the truck. Because there remain genuine issues of material fact, we reverse the summary judgment in favor of Jackie Armstrong and VSM Trucking, Inc.

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