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FESTIVAL FUN PARKS, LLC v. GOOCH

No. 4D03-4252.

904 So.2d 542 (2005)

FESTIVAL FUN PARKS, LLC d/b/a Boomer's f/k/a GPROR, Inc., d/b/a Grand Prix Race-O-Rama, Inc., Appellant, v. Geoffrey GOOCH, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 11, 2005.

Attorney(s) appearing for the Case

Elliot H. Scherker, Julissa Rodriguez and Pamela A. DeBooth of Greenberg Traurig, P.A., Miami, for appellant.

Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., Pompano Beach, and Russell S. Adler of Karmin, Adler & Padowitz, P.A., Fort Lauderdale, for appellee.

Tracy Raffles Gunn of Fowler, White, Boggs, Banker, P.A., Tampa, for Amicus Curiae-Florida Defense Lawyers Association.

TAYLOR, J.

Festival Fun Parks, LCC, d/b/a Boomer's (Boomer's) appeals a final money judgment arising out of a go-kart crash at its track. The plaintiff, Geoffrey Gooch, was injured when another go-kart bumped his go-kart, causing him to crash into a retaining wall. The trial court applied the dangerous instrumentality doctrine, making Boomer's vicariously liable for the negligence of the unknown driver who bumped Gooch's go-kart. We reverse for a new trial, holding...

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