HARPER EX REL. DALEY v. TOLER

No. 2D03-694.

884 So.2d 1124 (2004)

Mary HARPER, as court-appointed guardian of Marilyn DALEY, Appellant, v. Steve L. TOLER, Eric Vaughn Toler, and Times Publishing Company, Appellees.

District Court of Appeal of Florida, Second District.

October 22, 2004.


Attorney(s) appearing for the Case

Neal L. O'Toole and Joseph R. Kruk, III, of Law Office of Neal L. O'Toole, P.A., Bartow, for Appellant.

Bradley M. Bole of Rahdert, Steele, Bryan, Bole & Reynolds, P.A., St. Petersburg, for Appellee Times Publishing Company.

No Appearance for Appellees Steve L. Toler and Eric Vaughn Toler.


CANADY, Judge.

The plaintiff in a personal injury action appeals a final summary judgment in favor of the Times Publishing Company. The summary judgment was based on the trial court's determination that a substitute newspaper carrier — who was allegedly responsible for the injuries at issue — was as a matter of law not an employee of the Times. Because we conclude that the relevant facts did not justify the granting of summary judgment, we reverse.<...

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