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IN THE DISTRICT COURT OF APP~AL OF THE STAT~ OF FLORIDA
F'OURTH DISTRICT JULY TERM 1980
FLORIDA FARM B~REAU INSURANCE ~Or ~/NA~ V
CO~IPANY, ~ ~~ NT1L 7'IME ~}{p~~
~ A~. IF FILED RiNG PETITION
Appellant, ~ D~S~ED OF.
v. CASE NO. 79-2586.
KENNETH SHAFFER, a minor, by
and through his mother and
next friend, CAROL~NEWTON and
CAROL NEWTO~I, individually,
Appellees.
Opinion filed October 8, 1980
Appeal from the Circuit Court
for St._Gucie County;
Philip G. Nourse, Judge.
Bernard F. Grall, J r. of
Grall & Herzog, P.A.,
Vero Beach, for appellant.
Montgomery, Lytal, Reiter,
Denney & Searcy, P.A., and
Edna L. Caruso, West Palm Beach,
for appellee. -
ANSTEAD, J.
This is an appeal by Florida Farm Bureau Insurance Com-
pany from a final summary judgment finding that its automobile
liability insurance policy afforded coverage to its insured, Paul
Long, who is alleged to have shot and injured the appellee,
Kenneth Shaffer. We have jurisdiction. See State Farm Mutual
Automobile Insurance Company v. American Hardware Mutual Insurance
CompanY, 345 So.2d 726 (Fla. 1977,).
The facts are not in dispute. On or about tJovember 21,
1977, the plaintiff, Kenneth Shaffer, was picked up at his hame by
an employee of the Fort Pierce News Tribune. Together with some
other young boys, Shaffer was to be driven to a location where the
boys would solicit newspaper subscriptions. While en route, the
boys began throwing tangerines out the car window at signs along
the roadway. When one of the tangerines, thrown by the plaintiff
Shaffer, was tossed in the general direction of an approaching
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