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USA TRUCK, INC. v. CONTRERAS

Nos. 4D03-1799, 4D03-2485.

886 So.2d 243 (2004)

USA TRUCK, INC., Appellant, v. Marcia CONTRERAS, Sandra Rivera, Maria Garcia, Alicia Vargas, Jorge Adolfo Galvez, individually and as Personal Representative of the Estate of Luz Mabel Von Pineda and as natural parent and guardian of Mindy Galvez and Jordan Galvez, minors, and Safelite Glass Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 3, 2004.

Attorney(s) appearing for the Case

Michael K. Winston and Thomas E. Warner of Carlton Fields, P.A., West Palm Beach, for appellant.

Philip M. Burlington of Philip M. Burlington, P.A., West Palm Beach, Fred A. Cunningham of Slawson, Cunningham, Whalen & Stewart, Palm Beach Gardens, and Jose G. Rodriguez of Jose G. Rodriguez, P.A., West Palm Beach, for appellees Marcia Contreras and Alicia Vargas.

Lynn G. Waxman of Lynn G. Waxman, P.A., West Palm Beach, and Adam S. Doner of Gordon & Doner, P.A., Palm Beach Gardens, for appellee Jorge Adolfo Galvez.

TAYLOR, J.

This case arises out of a fatal automobile accident which occurred when the car in which the plaintiffs were riding was hit from behind by the defendant's tractor-trailer. Defendant, USA Truck, Inc., appeals consolidated final judgments entered after bifurcated liability and damages trials. We find no error in the trial court's order directing a verdict on the defendant's seatbelt defense as to plaintiff Von Pineda...

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