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JENKINS v. W.L. ROBERTS, INC.

No. 1D02-2815.

851 So.2d 781 (2003)

Rita H. JENKINS, Personal Representative of the Estate of James Kelly Goddard, deceased, Appellant, v. W.L. ROBERTS, INC., a Florida Corporation, d/b/a Ace Hardware Appliance & Auto Center, also d/b/a Napa Auto Parts, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 14, 2003.

Attorney(s) appearing for the Case

William W. Corry, of Law Office of William W. Corry, P.A.; and Sidney L. Matthew, of Gorman & Matthew, P.A., Tallahassee, for appellant.

Tammy de Soto Cicchetti and Stephan Lampasso, of The Cicchetti Law Firm, Tallahassee, for appellee.

WOLF, C.J.

Rita Jenkins appeals from a final summary judgment in favor of the defendant, W.L. Roberts, Inc. in the wrongful death action filed as a result of the death of her 22-year-old son, James Kelly Goddard. Because we find that the undisputed material facts fail to establish a legal duty on behalf of the defendant, we affirm.

W.L. Roberts, Inc., appellee, is a retail hardware and auto racing supply store in Crawfordville, Florida which sold nitrous oxide...

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