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YATES v. PUBLIX SUPER MARKETS

No. 4D04-2262.

924 So.2d 832 (2005)

Susan YATES, Appellant, v. PUBLIX SUPER MARKETS, Appellee.

District Court of Appeal of Florida, Fourth District.

Opinion Denying Rehearing March 8, 2006.

Attorney(s) appearing for the Case

Diran V. Seropian of Edna L. Caruso, P.A., West Palm Beach, and Andrew Moss of Kutner, Rubinoff & Bush, P.A., Miami, for appellant.

Richard A. Sherman of the Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, and Samuel A. Coffey and Dennis M. O'Hara of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., Fort Lauderdale, for appellee.

FARMER, J.

Plaintiff's decedent was fatally injured on the job because of a defect in a machine made by Serco Company and owned and operated by his employer, Publix Super Markets. She sued Serco and ultimately settled the claim for less than all the damages she had claimed. She then brought suit against Publix for failing to cooperate with her in the litigation against Serco, and for failing to safeguard evidence crucial to the claim, the effect of which caused her...

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