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HUFFMAN v. BREEZES FULL SERVICE CAR WASH

No. 1D06-1907.

956 So.2d 1204 (2007)

Linda HUFFMAN and Jayson Penn, as Co-Personal Representatives of the Estate of Melissa Jane Jones, deceased, and Linda Huffman, as guardian of Al Daniel Prince, III, a minor, Appellants, v. BREEZES FULL SERVICE CAR WASH; John Paul Cash, Jr.; Dick's Wings USA, Inc.; Spidor Holdings, Inc., d/b/a Dick's Wings, Barbara E. Baker, and Joshua Lackowski, Appellees.

District Court of Appeal of Florida, First District.

May 17, 2007.

Attorney(s) appearing for the Case

Tracy S. Carlin of Mills & Creed, P.A., Jacksonville; and Richard C. Watson of Rahaim, Watson, Dearing, Berry & Moore, P.A., Jacksonville, for Appellants.

Kristen M. Van der Linde and Blake J. Hood of Boyd & Jenerette, P.A., Jacksonville, for Appellees.

PER CURIAM.

The appellants challenge a summary final judgment in favor of Appellee Breezes Full Service Car Wash ("Breezes") in this civil suit for personal injury and wrongful death growing out of an automobile collision. We reverse the summary final judgment because there are disputed issues of material fact regarding whether two of Breezes's employees, Cash and Lackowski, were acting within the scope of their employment when, during the course of a luncheon which...

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