ROGER ROBINSON, BY AND THROUGH HIS MOTHER AND NEXT FRIEND, JOSEPHINE COBB, AND JOSEPHINE COBB, APPELLANTS,
v.
BROWARD COUNTY SCHOOL BOARD, ET AL., APPELLEES
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Appellate court reversed summary judgment in a diving board accident case, holding that factual disputes regarding the adequacy of warnings and the manufacturer's liability precluded summary disposition.
Factual issues regarding the adequacy of warnings provided by the diving board manufacturer and the City's reliance thereon preclude entry of summary judgment.
[1] Factual disputes regarding the adequacy of warnings provided by a manufacturer and a purchaser's reliance thereon preclude summary judgment in a products liability action…
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Join FLexlaw to unlock all legal intelligenceRoger Robinson was injured when he dove from a three-meter diving board and struck his head on the pool bottom. The diving board was manufactured and …
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BERANEK, Judge.
Plaintiff appeals from an adverse final summary judgment in a diving board accident case. Plaintiff was injured when he dove from a three meter diving board and struck his head on the bottom of a pool. Suit was brought against various defendants including appellee, Arcadia Air Products Company, the manufacturer and supplier of the diving board in question.
The complaint alleges numerous theories of liability, but it appears that the primary contentions by plaintiff are that the board manufacturer failed to give an adequate warning regarding use of the board when it was supplied to the City of Fort Lauderdale and installed at a city pool. We conclude that issues of fact exist which preclude entry of summary judgment. Initially, the pleadings and discovery present an obvious factual issue regarding precisely what warning was given and whether or not the City of Fort Lauderdale relied upon the warning. The appellee urges that the City’s reliance upon any written warning was negated by the City’s independent knowledge of danger regarding the board. This contention, along with issues of proximate cause, also present issues of fact which were inappropriately disposed of on motion for summary judgment. We, therefore, reverse and remand for further proceedings in accordance with the established principles that factual issues preclude the entry of summary judgment. Holl v. Talcott, 191 So. 2d 40 (Fla.1966).
REVERSED AND REMANDED.
OWEN, WILLIAM C., Jr., Retired, and GREEN, OLIVER L., Jr., Associate Judges, concur.
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Purinson v. The Antenna Specialists Co., 408 So. 2d 617 (Fla. 3d DCA 1981)…ought about his death. This may be correct or incorrect as the facts are developed in this case. Issues of fact were thus presented which were inappropriately disposed of on a motion for summary judgment. See Robinson v. Broward County School Board, 405 So. 2d 274 (Fla. 4th DCA, 1981). We hold that summary judgment was premature and that plaintiff-appellant must be given the opportunity to amend the complaint and to file a further affidavit, if she so desires.2 Plyser v. Hados, supra. See also Stephens v. Di…
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Fleming v. Aquaslide 'N' Dive, Inc., 449 So. 2d 1293 (Fla. 5th DCA 1984)…equacy of those given, are properly questions for the jury. Macmurdo v. Upjohn Company, 444 So. 2d 449 (Fla. 4th DCA 1983); Giddens v. Denman Rubber Manufacturing Company, 440 So. 2d 1320 (Fla. 5th DCA 1983); Robinson v. Broward County School Board, 405 So. 2d 274 (Fla. 4th DCA 1981).…
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