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O'NEALE v. HERSHOFF

No. 92-2176.

634 So.2d 644 (1993)

Sondra O'NEALE, as parent and legal guardian of Leonard Michael Riley O'Neale, Appellant, v. Harold HERSHOFF, Craig Hershoff, Haruth, Inc., Ed Murdock, and Shell Oil Company, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 3, 1994.

Attorney(s) appearing for the Case

Aurell, Radey, Hinkle, Thomas & Beranek and John Beranek, Tallahassee, Krupnick, Campbell, Malone, Roselli, Buser & Slama and Jon E. Krupnick, Ft. Lauderdale, for appellant.

Kenney, Burd, Knutson & Markowitz and Madelyn Simon Lozano, Miami, for appellees.

Before BASKIN, COPE and GERSTEN, JJ.

COPE, Judge.

Sondra O'Neale, as parent and legal guardian of Leonard Michael Riley O'Neale, appeals an adverse summary judgment. We reverse.

Because this is an appeal from a summary judgment, we take the facts in the light most favorable to the plaintiff as the non-moving party.

In March, 1991 Riley O'Neale and three other teenage boys drove to a Shell service station to buy beer. They parked the car out...

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