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ALVAREZ v. E & A PRODUCE CORP.

Nos. 97-1205, 97-1202, 97-1192 and 97-1191.

708 So.2d 997 (1998)

Pedro ALVAREZ and Aracelia Alvarez, Livina Rosa Garcia, as Personal Representative of the Estate of Roberto Garcia, deceased, and Michelin Tire Corporation, a foreign corporation, Appellants, v. E & A PRODUCE CORPORATION, a Florida corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 29, 1998.

Attorney(s) appearing for the Case

Mandina, Ginsberg & Toledo and Marc Ginsberg, Miami; Jones, Foster, Johnston & Stubbs and Steven J. Rothman and Mark B. Kleinfeld, West Palm Beach, for appellants.

Sparkman, Robb, Mason & Ginsburg and John W. Reis, Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and GREEN, JJ.

NESBITT, Judge.

In this tort action which followed the explosion of a truck tire, these four appeals were consolidated and arise from the dismissal with prejudice of plaintiff Garcia's and plaintiff Alvarez's complaints against E & A Produce Corporation (E & A). The trial court found that the plaintiffs' complaints failed to state a cause of action against E & A, the owner of the tire. Michelin Tire Corporation (Michelin), the manufacturer of the tire...

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