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PUBLIX SUPERMARKETS, INC. v. AUSTIN

No. 94-635.

658 So.2d 1064 (1995)

PUBLIX SUPERMARKETS, INC., Appellant/Cross-Appellee, v. Steven Scott AUSTIN, et al., Appellees, and Todd H. Wurtz, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 15, 1995.

Attorney(s) appearing for the Case

Richard S. Womble and Richard B. Mangan, Jr. of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Orlando, for appellant/cross-appellee.

Brian D. Hill of Hill and Ponton, P.A., Orlando, for appellee/cross-appellant Todd H. Wurtz.

Donald R. Henderson of Mateer, Harbert & Bates, P.A., Orlando, for appellee Orlando Regional Healthcare Systems, Inc.

Betsy E. Gallagher of Kubicki Draper, Miami, for appellee Steven Scott Austin.

COBB, Judge.

This appeal arises from a motorcycle/pickup truck collision which occurred in 1991. The injured motorcyclist, Todd Wurtz, filed a second amended complaint with three counts. Count I was directed at Steven Austin and Anthony Brewer, the driver and owner of the truck, respectively; Count II alleged that Publix willfully and unlawfully sold alcohol to Austin on the date of the collision in violation of sections 562.11 and 768.125, Florida Statutes,

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