MANTILLA v. HASSANIEN

No. 79-2411.

396 So.2d 1135 (1981)

Evelio MANTILLA and American Motorists Insurance Company, a Corporation, Appellants, v. Olimpia HASSANIEN and Mohamed Nabil Hassanien, Individually and As Husband and Wife and As Parents of Nermine Hassanien, a Minor, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 1, 1981.


Attorney(s) appearing for the Case

Bradford, Williams, McKay, Kimbrell, Hamann, Jennings & Kniskern, Miami, and David S. Currie, Miami Shores, for appellants.

Preddy, Kutner & Hardy and G. William Bissett, Miami, for appellees.

Before HENDRY, SCHWARTZ and NESBITT, JJ.


PER CURIAM.

This action arose from a collision between one vehicle driven by Evelio Mantilla, and another driven by Olimpia Hassanien, accompanied by her daughter, Nermine. The Hassanien's brought suit for Nermine's injuries; Evelio affirmatively defended on the basis of Olimpia's sole fault. Alternatively, Evelio counterclaimed for contribution from Olimpia under the Joint Tortfeasors' Act.

The counterclaim was dismissed from the pleadings under authority...

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