LIEBHERR-AMERICA, INC. v. McCOLLUM

Nos. 3D08-2185, 3D08-2313.

43 So.3d 65 (2010)

LIEBHERR-AMERICA, INC., etc., and Zurich American Insurance Co., Appellants, v. Walter McCOLLUM, etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 23, 2010.


Attorney(s) appearing for the Case

Morris & Stella and Joseph N. Stella , John M. Dugan and Jeffrey W. Gunn , Chicago; Henderson, Franklin, Starnes & Holt and J. Matthew Belcastro , Fort Myers; Lewis Brisbois Bisgaard & Smith and Bradley S. Fischer , Fort Lauderdale, for appellants.

McKenna & Obront and Paul A. McKenna ; Nancy Little Hoffman , Fort Lauderdale, for appellees.

Before COPE and SALTER, JJ., and SCHWARTZ, Senior Judge.


SCHWARTZ, Senior Judge.

On April 14, 2005, the plaintiffs' decedent Audrey McCollum was run over and killed by a huge mobile crane at the Port of Miami. This case is an appeal by the entity whose role in the tragedy was confined to selling the crane to another defendant and agreeing to keep it in good repair. Although it neither designed, manufactured or operated the crane at the time of the accident, nor owned or controlled the property where Ms. McCollum was killed...

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