COMER v. RODRIGUEZ

No. 76-954.

346 So.2d 113 (1977)

Donald E. COMER and June Comer, His Wife, Appellants, v. Cesar RODRIGUEZ et al., Appellees.

District Court of Appeal of Florida, Third District.

May 24, 1977.


Attorney(s) appearing for the Case

Rentz, McClellan & Haggard, Miami, for appellants.

Blackwell, Walker, Gray, Powers, Flick & Hoehl and James E. Tribble and Bradford Swing, Miami, for appellees.

Before PEARSON, HAVERFIELD and HUBBART, JJ.


PER CURIAM.

Plaintiffs, Donald and June Comer, appeal an adverse final summary judgment in favor of Merlin, Inc. and its liability insurer in this action for damages for injuries sustained as a result of the negligent operation of a vehicle owned by Merlin. The judgment was entered for the reason that the dangerous instrumentality doctrine is not applicable in this case.

Defendant-appellee, Merlin, Inc., contracted with Rowland Truck Equipment, Inc. to fabricate...

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