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IN THE CIRCUIT COURT OF THE
N INETEENTH JUDIC IAL C IRCU IT
IN AND FOR ST. LUCIE COUNTY,
FLORIDA
CASE NO. 81-11-CA
ERNEST GLADDEN, etc., et al,
P la int if f s,
vs.
WAYNE POWELL, et al,
Defendants.
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ORDER
THIS CAUSE having'come on for hearing upon the Motions
of the Defendants to dismiss and/or strike and for comp ulsory
physical examination, the Court having the benef it of argument
from counsel and being otherwis~ advised in the premises, it
is
ORDERED and ADJUDGED:
1. That the Motion to Di~miss Count II of the Complair,t
is granted as to Defendant HELEN EVANS. Plaintiffs shall have
twenty days in which to file amended pleadings if they so desire.
Additionall, Defendant, GENERAL ACCIDENT FIRE AND LIF~ ASSURANCE
CORPORATION, LTD, sh~ll be allowed ten days to file a uthority
in support ~f its claim that punitive damages are not to be assessed
against an insurance carrier.
2. That the Defendants' Motion for compulsr~ry physical
examination is granted and Dr. John B. Sullivan, an orthepedic
surgeon practicing in Fort Pierce, Florida is hereby appointed
by trie Court for the purpose of examining and evaluating the
minor Plaintiff at the appropriate time.
DO E and ORDERED in Chambers at Vero Beach, Florida
this day of March, 1981.
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C IRCU IT J DG C~~C('Q
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Copies furnished to:
Lorenzo Williams
I3radford L. Jefferson
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