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POE v. IMC PHOSPHATES MP, INC.

No. 2D03-4405.

885 So.2d 397 (2004)

Scotty Lamar POE, individually, and Jessica Diane Poe, his wife; and Scotty Lamar Poe and Jessica Diane Poe, as the natural parents and next friends of Nicholas Scott Poe, Megan Diane Poe, and Jordan David Poe, minor children, Appellants, v. IMC PHOSPHATES MP, INC., a Florida corporation; Hillsborough County, a municipal corporation; and Brainard Hunting Harris, Appellees.

District Court of Appeal of Florida, Second District.

October 15, 2004.

Attorney(s) appearing for the Case

Paul B. Catania and Paul S. Reed of Catania & Catania, P.A., Tampa, for Appellants.

Richard R. Garland of Dickinson & Gibbons, P.A., Sarasota, for Appellee IMC Phosphates MP, Inc.

No appearance for Appellees Hillsborough County and Brainard Hunting Harris.

WALLACE, Judge.

This is a premises liability case. Scotty Lamar Poe and Jessica Diane Poe, his wife, individually and on behalf of their minor children, challenge a final summary judgment that dismissed their personal injury action against IMC Phosphates MP, Inc. (IMC). Mr. Poe drove his vehicle at night from the public highway onto an abandoned entrance to an old phosphate mine owned by IMC, where Mr. Poe's vehicle crashed into a large metal pipe that IMC had positioned...

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