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GUERETTE v. ZIERER U.S.A., INC.

No. 96-3884.

698 So.2d 637 (1997)

Louis GUERETTE, as personal representative of the Estate of Leigh Ann Guerette, Appellant, v. ZIERER U.S.A., INC., a Texas corporation, Zierer, a German corporation, Bob G. Gill & Associates, Inc., a Florida corporation, State of Florida, Department of Agriculture & Consumer Services and Amusements Of America, Inc., a New Jersey corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

September 3, 1997.

Attorney(s) appearing for the Case

Jane Kreusler-Walsh and Julie H. Littky-Rubin of Jane Kreusler-Walsh, P.A., West Palm Beach, and E. Hugh Chappell, Jr. of E. Hugh Chappell, Jr., P.A., Fort Lauderdale, for Appellant.

Gustavo D. Lage and Henry P. Bell of Rumberger, Kirk & Caldwell, a Professional Association, Miami, for Appellee State of Florida, Department of Agriculture & Consumer Services.

PER CURIAM.

We affirm. Appellant filed a multi-count amended complaint against several defendants claiming damages for the wrongful death of Leigh Ann Guerette. The trial court dismissed with prejudice appellant's claim against the State of Florida, Department of Agriculture & Consumer Services. The court concluded that section 616.242, Florida Statutes (1993), does not as a matter of law create the relationship necessary to place a special duty on the State of...

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