TINA D. PHILLIPS AND KENNETH E. PHILLIPS, APPELLANTS,
v.
CHARLES STYERS, D/B/A STAR MOTOR COURT AND TRAILER RENTALS, APPELLEE
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PER CURIAM.
Affirmed.
HOBSON, Acting C. J., and RYDER and DANAHY, JJ., concur.
PER CURIAM.
Counsel for appellants in their motion for rehearing contend that we overlooked the recent decision of this court in Zambito v. Southland Recreation Enterprises, Inc., 383 So. 2d 989 (Fla. 2d DCA May 28, 1980).
The Zambito opinion is not applicable to the instant case because the record on appeal discloses that appellant Tina D. Phillips’ negligence was the sole legal cause of the accident.
Our supreme court stated in Hoffman v. Jones, 280 So. 2d 431, 438 (Fla.1973):
A plaintiff is barred from recovering damages for loss or injury caused by the negligence of another only when the plaintiff’s negligence is the sole legal cause of the damage .
Motion for rehearing is denied.
HOBSON, Acting C. J., and RYDER and DANAHY, JJ., concur.
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Cassel v. Price, 396 So. 2d 258 (Fla. 1st DCA 1981)…1st DCA 1979). Compare with Zambito v. Southland Recreation Enterprises, 383 So. 2d 989 (Fla. 2nd DCA 1980). . Jenkins v. City of Miami Beach, 389 So. 2d 1195 (Fla. 3rd DCA 1980), (summary judgment affirmed, no foreseeability); Phillips v. Styers, 388 So. 2d 221 (Fla. 2nd DCA 1980), (recovery barred, plaintiffs negligence sole cause of accident); Firestone Tire & Rubber Co. Inc. v. Lip-pincott, 383 So. 2d 1181 (Fla. 4th DCA 1980), (jury verdict for plaintiff reversed, injury not foreseeable); Fellows v. Cit…
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Bryant v. Lucky Stores, Inc., 577 So. 2d 1347 (Fla. 2d DCA 1990)…ee would overlook the peril with such infrequency that a prudent person would not warn of the danger and, thus, it could be stated fairly that the condition is overlooked by the plaintiff solely due to the plaintiff’s negligence. Phillips v. Styers, 388 So. 2d 221 (Fla. 2d DCA 1980) (on motion for rehearing). I would note that I do not believe this clarification would alter the rule in Schoen v. Gilbert, 436 So. 2d 75 (Fla.1983), in which the supreme court held that a step down in a private residence does no…
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Clark v. Lumbermans Mut. Ins. Co. & Orange Park Assembly of God, 465 So. 2d 552 (Fla. 1st DCA 1985)…supervision to appellant, the breach of which would render it liable for ordinary negligence, appellant can be barred from recovery if his own action in diving into the shallow water was the sole proximate cause of his accident. Phillips v. Styers, 388 So. 2d 221 (Fla. 2d DCA 1980), quoting Haufman v. Jones, 280 So. 2d 431, 438 (Fla.1973): “A plaintiff is barred from recovering damages for loss or injury caused by the negligence of another only when the plaintiffs negligence is the sole legal cause of the da…
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- Hoffman v. Jones, 280 So. 2d 431 (Fla. 1973)
- Zambito v. Southland Rec. Enters., Inc., 383 So. 2d 989 (Fla. 2d DCA 1980)