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SEARCY v. ZAWACKIS

No. 4D09-3605.

55 So.3d 660 (2011)

Kenneth SEARCY, as Personal Representative of the Estate of Sue Ellen Kelly, deceased, Appellant, v. Lynn ZAWACKIS and FedEx Express, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 28, 2011.

Attorney(s) appearing for the Case

Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach, William W. Price , P.A., West Palm Beach, and Ned C. Lofton , P.C., Stoneham, Massachusetts, for appellant.

David P. Herman and Michael G. Shannon of Murray, Morin & Herman, P.A., Coral Gables, for appellees.

GERBER, J.

We reverse the circuit court's summary final judgment in the defendants' favor in this negligence case involving a two-vehicle crash resulting in one driver's death. The defendants did not meet their burden of showing the absence of any genuine issue of material fact regarding the defendant FedEx driver's alleged lack of negligence.

The crash occurred at an intersection a few days after Hurricane Wilma struck Palm Beach County. Due to the hurricane...

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