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JOHNSON v. LANCE, INC.

No. 1D00-1850.

790 So.2d 1144 (2001)

Delores JOHNSON and American National Bank of Florida as Personal Representative of the Estate of Dante Antoine Johnson, deceased, Appellants, v. LANCE, INC., a North Carolina Corporation, Larry Julian Ganas, and Clay Electric Cooperative, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied August 14, 2001.

Attorney(s) appearing for the Case

Stephen J. Pajcic, III, and Thomas F. Slater of Pajcic & Pajcic, P.A., Jacksonville, for Appellants.

William T. Stone of Cole, Stone, Stoudemire, Morgan & Dore, P.A., Jacksonville, for Appellees.

ALLEN, C.J.

In this negligence action, the appellants challenge a final summary judgment entered in favor of appellee/defendant Clay Electric Cooperative, Inc. (Clay Electric). Because we conclude that Clay Electric owed a legal duty to the appellants' decedent, we reverse.

At this stage of the litigation, the material facts must be viewed in the light most favorable to the appellants. In the early morning darkness of September 4, 1997, a panel truck owned...

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