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FLORIDA POWER & LIGHT CO. v. PERIERA

No. 89266.

705 So.2d 1359 (1998)

FLORIDA POWER & LIGHT CO., Petitioner, v. Edward PERIERA, Respondent.

Supreme Court of Florida.

January 15, 1998.

Attorney(s) appearing for the Case

Cheryl Kempf, North Palm Beach, and Suzanne H. Youmans of Engels, Pertnoy, Solowsky & Allen, P.A., Miami, for Petitioner.

Scott A. Mager, Fort Lauderdale, for Respondent.

Paul R. Regensdorf of Fleming, O'Bryan & Fleming, P.A., Fort Lauderdale, for Florida Defense Lawyers Association, Amicus Curiae.

Richard A. Barnett, Hollywood, for the Academy of Florida Trial Lawyers, Amicus Curiae.

HARDING, Justice.

We have for review the decision in Periera v. Florida Power & Light Co., 680 So.2d 617 (Fla. 4th DCA 1996), which certified conflict with the decision in Powell v. Florida Department of Transportation, 626 So.2d 1008 (Fla. 1st DCA 1993), on the issue of whether a potential tortfeaser is relieved of the duty owed to an injured party because of the injured party...

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