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BROCKNEY v. CENTEL CELLULAR CO.

No. 1D05-4168.

950 So.2d 445 (2007)

Marsha K. BROCKNEY, as Personal Representative of the Estate of Randy B. Brockney, deceased, Appellant, v. CENTEL CELLULAR COMPANY OF FORT WALTON BEACH LIMITED PARTNERSHIP a/k/a 360 Communications Company of Fort Walton Beach Limited Partnership, Fred C. Cooke and Pamela Scheel, as Personal Representative of the Estate of Pamela B. Cooke, deceased, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied March 9, 2007.

Attorney(s) appearing for the Case

Stephen H. Echsner of Levin, Papantonio, Thomas, Mitchell, Echsner, Proctor, P.A., Pensacola, and Louis K. Rosenbloum of Louis K. Rosenbloum, P.A., Pensacola, for Appellant.

Michael W. Kehoe of Fuller, Johnson & Farrell, P.A., Pensacola, for Appellee Centel Cellular.

WOLF, J.

Marsha K. Brockney, appellant and the plaintiff in the trial court, challenges a final summary judgment in a negligence action in favor of appellee, Centel Cellular Company of Fort Walton Beach, the defendant in the trial court. The issue is whether the trial court erred in granting a summary judgment on the basis that appellee owed no duty to the plaintiff's decedent under the unique facts of this case. We uphold the trial court's decision determining that...

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