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O'MALLEY v. RANGER CONST. INDUSTRIES, INC.

No. 4D12-4158.

133 So.3d 1053 (2014)

William O'MALLEY, Appellant, v. RANGER CONSTRUCTION INDUSTRIES, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 10, 2014.

Attorney(s) appearing for the Case

Bryan S. Gowdy and Jennifer Shoaf Richardson of Creed & Gowdy, P.A., and Steven R. Browning , Jacksonville, for appellant.

Eric A. Peterson and Barbara J. Taggart of Peterson Bernard, West Palm Beach, for appellee.

CIKLIN, J.

The appellant, William O'Malley ("O'Malley"), brought a complaint against the Appellee, Ranger Construction Industries, Inc. ("Ranger"), for negligence and failure to warn after O'Malley was involved in a single-vehicle accident on a portion of Interstate 95 that Ranger was contracted to resurface. The trial court granted Ranger's motion for summary judgment, agreeing with Ranger that O'Malley's theory of liability required the impermissible stacking of...

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