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WILLIAMS v. STATE

Nos. 97-00663, 97-01843 and 97-02881.

718 So.2d 837 (1998)

Robert Wayne WILLIAMS, Appellant, v. STATE of Florida, Appellee. Mark NELMS, Appellant, v. MASSACHUSETTS BAY INSURANCE COMPANY, Appellee. Robert Wayne WILLIAMS and Williams Products, Inc., Appellants, v. Mark Ivey NELMS and Rita Nelms, his wife, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 22, 1998.

Attorney(s) appearing for the Case

Michael S. Rywant and Darrell D. Dirks of Rywant, Alvarez, Jones, Russo & Guyton, P.A., Tampa, for Appellant Robert Wayne Williams, case number 97-00663, and Appellants Robert Wayne Williams and Williams Products, Inc., case number 97-02881.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee State of Florida, case number 97-00663.

Kendall A. Almerico, P.A., Tampa, and Ralph M. Guito III, Tampa, for Appellant Mark Nelms, case number 97-01843, and Appellees Mark Ivey Nelms and Rita Nelms, case number 97-02881.

Daniel P. Mitchell of Mitchell and Carter, P.A., Tampa, for Appellee Massachusetts Bay Insurance Company, case number 97-01843.

PER CURIAM.

The above three cases were consolidated for this proceeding because they arose out of a motor vehicle accident which occurred when Robert Wayne Williams (Williams) struck Mark Ivey Nelms (Nelms) causing Nelms serious injuries. We affirm in case numbers 97-00663 and 97-01843, but reverse in case number 97-02881.

On December 8, 1994, Nelms was standing in the median of Tampa Road in Pinellas County when...

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