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MAKLAKIEWICZ v. BERTON

No. 94-664.

652 So.2d 1208 (1995)

Marta MAKLAKIEWICZ, as Personal Representative of the Estate of Renata Maklakiewicz, Appellant, v. Gerald BERTON, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 3, 1995.

Attorney(s) appearing for the Case

Conroy, Simberg & Lewis and Hinda Klein, Hollywood, for appellant.

Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Lane and Paul H. Field, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.

BASKIN, Judge.

Plaintiff appeals a final judgment in a wrongful death action. We reverse.

Marta Maklakiewicz, as personal representative of the estate of her deceased mother, Renata Maklakiewicz [plaintiff], sued Gerald Berton, seeking damages for Renata's wrongful death caused by Berton's negligent operation of his automobile. Berton's car struck Renata as she was crossing the street. The main issue at trial was whether Renata was crossing the street from...

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