Opinion
No. 75-872.
March 12, 1976. Rehearing Denied April 9, 1976.
Appeal from Circuit Court, St. Lucie County; James E. Alderman, Judge.
Michael Jeffries, Neill, Griffin, Jeffries Lloyd, Fort Pierce, for appellant.
Marjorie D. Gadarian, Jones, Paine Foster, West Palm Beach, for appellees.
We conclude that the amended complaint states a cause of action both in negligence (Count I) and implied warranty (Count II) and it was therefore error to dismiss the same with prejudice.
Reversed and remanded.
WALDEN, C.J., and OWEN and MAGER, JJ., concur.