JOYCE ST. MARTIN, INDIVIDUALLY, AND AS MOTHER OF FARLEY WASSERMAN, A MINOR, AND FARLEY WASSERMAN, INDIVIDUALLY, APPELLANTS,
v.
ALLSTATE INSURANCE COMPANY AND EDITH ROSENBLATT, APPELLEES
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SCHWARTZ, Judge.
The minor plaintiff was a pedestrian struck by an automobile driven by the defendant Rosenblatt. We reverse the summary judgment entered below for the defendants because the movants did not conclusively establish either the non-existence of any genuine issue concerning the driver’s negligence and legal cause, or that the plaintiff’s conduct was the sole proximate cause of the accident. Proctor & Gamble Distributing Co. v. McGlamery, 341 So. 2d 521 (Fla. 3d DCA 1976); Cunningham v. Romano, 278 So. 2d 631 (Fla. 3d DCA 1973), cert. denied, 285 So. 2d 19 (Fla.1973); Basden v. Lowery, 182 So. 2d 265 (Fla. 3d DCA 1966). Since the case is governed by the principle of comparative negligence, our determination to this effect requires that the issue of the defendants’ liability be submitted to a jury. Wills v. Sears, Roebuck & Co., 351 So. 2d 29 (Fla.1977); Petroleum Carrier Corp. v. Gates, 330 So. 2d 751 (Fla.1st DCA 1976).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bilams v. Metro. Transit Auth., 371 So. 2d 693 (Fla. 3d DCA 1979)…ed verdict should ever be granted where the negligence of both parties is at issue. We do, however, believe that such cases will be extremely rare.” See also: Wills v. Sears, Roebuck & Co., 351 So. 2d 29 (Fla.1977); St. Martin v. Allstate Ins. Co., 367 So. 2d 1077 (Fla. 3d DCA 1979). This is most assuredly not one of those extremely rare cases. Reversed and remanded. . The testimony is in conflict as to which of the three lanes the bus was occupying. . The appellee cites such cases as Fernandez v. Kaba, 36…
Authorities Cited
- Wills v. Sears, 351 So. 2d 29 (Fla. 1977)
- Petroleum Carrier Corp. v. Gates, 330 So. 2d 751 (Fla. 1st DCA 1976)
- Cunningham v. Romano, 278 So. 2d 631 (Fla. 3d DCA 1973)
- Proctor & Gamble Distrib. Co. v. McGLAMERY, 341 So. 2d 521 (Fla. 3d DCA 1976)
- Basden v. Lowery, 182 So. 2d 265 (Fla. 3d DCA 1966)
- Miami Herald Publ'g Co. & the Travelers Ins. Co. v. Fernandez, 285 So. 2d 19 (Fla. 1973)
- Cunningham v. Romano, 285 So. 2d 19 (Fla. 1973)