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BELTRAN CANO v. CONWAY

No. 4D03-4328.

889 So.2d 162 (2004)

David Eduardo BELTRAN CANO, a minor by and through his father and next friend German BELTRAN and German Beltran, individually, Appellants, v. Eric W. CONWAY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 10, 2005.

Attorney(s) appearing for the Case

Leslie Duberstein Glenn of Leslie Duberstein Glenn, P.A., Boca Raton, for appellants.

Esther E. Galicia of George, Hartz, Lundeen, Fulmer, Johnstone, King & Stevens, Ft. Lauderdale, for appellee.

KLEIN, J.

Appellant David Cano, age fourteen, was injured while walking his bike across two lanes of stopped traffic, when he was struck by the defendant driving in a third lane. The defendant, citing child-darting cases, persuaded the trial court to grant his motion for summary judgment. Because there was evidence from which a jury could find the defendant was far enough away from the plaintiff to have avoided the accident...

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