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DOLAN v. FLORIDA POWER & LIGHT CO.

No. 4D01-4962.

872 So.2d 274 (2004)

Maria DOLAN, individually, and as Personal Representative of the Estate of David Dolan, deceased, Appellant, v. FLORIDA POWER & LIGHT COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 4, 2004.

Attorney(s) appearing for the Case

Robert Garven, Coral Springs, and Charles A. Mancuso of Charles A. Mancuso, P.A., Fort Lauderdale, for appellant.

Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens and Cheryl Kempf, FPL-Law Division, Juno Beach, for appellee.

TAYLOR, J.

Maria Dolan, individually and as personal representative of the Estate of David Dolan, deceased, appeals a final summary judgment entered on behalf of appellee, Florida Power & Light Co. (FPL). We reverse, based on the Florida Supreme Court's recent decision in Clay Electric Cooperative, Inc. v. Johnson, 873 So.2d 1182, 2003 WL 22966277 (Fla. Dec. 18, 2003).

On January 28, 1999, David Dolan was fatally...

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