DAVID L. SMITH AND BARBARA G. SMITH, HIS WIFE, APPELLANTS,
v.
PARKS SMITH, D/B/A FT. GEORGE WRECKER SERVICE AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Appellants David and Barbara Smith appeal a summary judgment entered against them in a negligence action arising from an injury sustained during a towing operation. The court reversed, holding that genuine issues of material fact existed regarding whether the professional tow operator solicited the appellants' assistance and breached a duty of care, precluding summary judgment.
The court held that summary judgment was error because genuine issues of material fact existed as to whether the appellee solicited assistance and thereby owed a duty of care to the appellant, and whether the appellee negligently supervised and controlled the towing operation.
[1] Summary judgment is inappropriate if there is doubt as to any material fact.
[2] Facts and inferences must be viewed in the light most favorable to the non-movant when considering a motion for summary judgment.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the facts and the inferences to be drawn therefrom must be viewed in the light most favorable to the non-movant, and the movant must show conclusively that there are no genuine issues of material fact”
Establishes the standard for evaluating summary judgment motions
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn April 26, 1979, Parks Smith, operating Ft. George Wrecker Service, attempted to tow a moving van stuck in a tidal beach area. After his initial tow…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Negligent Supervision cases and more on FLexlaw
PER CURIAM.
This is an appeal from a summary judgment based on the trial judge’s determination that there was no genuine issue of any material fact and that appellees Parks Smith, et al., were entitled to judgment as a matter of law.
On 26 April 1979, appellee Parks Smith, acting in his professional capacity for Ft. George Wrecker Service, attempted to tow a moving van which was stuck in a tidal beach area. Following an unsuccessful attempt to free the van using appellee’s wrecker and winch, appellant David Smith and other private persons on the scene attempted to assist by connecting their private vehicles to appellee’s wrecker with private, non-commercial lines and chains in a column or “daisy chain” sequence. After the connections were made and power applied to the vehicles, a steel U-bolt which connected appellant’s vehicle to another private vehicle broke free and was catapulted through the rear window of appellant David L. Smith’s vehicle, thereby injuring him.
Appellants’ complaint alleged that appel-lee Parks Smith solicited assistance from appellant and others, that appellant Smith relied on appellee’s professional skill and knowledge in performing towing operations, and that the appellee negligently violated his professional duty of care in permitting the use of private equipment in the towing operation and in failing to supervise and control the towing operation. By affidavit, two professional tow and wrecker proprietors declare: that the use of private, non-commercial equipment in towing operations presents an unreasonable risk of injury or danger to nearby persons and property, that offers of private assistance using non-commercial equipment should be refused, and that either using or permitting the use of such equipment in towing operations violates the custom or practice of the profession. Appellee and his son declare by affidavit that the appellee not only did not solicit or encourage assistance, but advised the appellant and others that the daisy chain tow would not succeed. Affidavits from other non-party tow participants or on-the-scene witnesses asserted that appel-lee Smith participated in the daisy chain tow, but the affidavits are ambivalent or contradictory as to whether he solicited or refused assistance from the appellant.
General principles of law governing summary judgments provide that the facts and the inferences to be drawn therefrom must be viewed in the light most favorable to the non-movant, and the mov-ant must show conclusively that there are no genuine issues of material fact. Summary judgment is neither a substitute for a trial nor a trial by affidavit or deposition, and is not appropriate if there is doubt of any material fact. See, Holl v. Talcott, 191 So. 2d 40 (Fla.1966) and Connell v. Sledge, 306 So. 2d 194 (Fla. 1st DCA 1975). Further, as the court held in Holl, supra, summary judgment proceedings should be exercised with special caution in negligence actions. Applying these principles to the present case, we conclude that there are genuine issues of material fact as to whether the appellee solicited assistance from the appellant and thus owed a duty of care to appellant, and whether appellee negligently supervised and controlled the towing operation so as to cause the injury to appellant. Summary judgment under the circumstances was error. REVERSED and REMANDED.
McCORD, ERVIN and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Vukovich v. LEO, 447 So. 2d 1012 (Fla. 3d DCA 1984)…ing between 26 and 37 miles per hour and that appellant was traveling between 10 and 25 miles per hour. Summary judgment should be exercised with special caution in negligence actions. Holl v. Talcott, 191 So. 2d 40, 46 (Fla.1966); Smith v. Smith, 413 So. 2d 73 (Fla. 1st DCA 1982). Issues of negligence and probable cause are ordinarily questions for the jury if reasonable men can arrive at different conclusions, but these issues can become questions of law if the facts point to but one possible conclusion.…
-
Bengston v. Jorge Giroud, M.D., 559 So. 2d 380 (Fla. 2d DCA 1990)…arm to Bengston. The trial court’s order dismissing the complaint did not recite the specific grounds for dismissal. Bengston argues that the facts alleged established a legal relationship giving rise to a duty of care. He relies on Smith v. Smith, 413 So. 2d 73 (Fla. 1st DCA 1982), involving a commercial wrecker operator who solicited private motorists to help free a moving van stuck in a beach area. The wrecker operator connected the motorists’ cars but when he started the tow, a bolt broke, injuring one…
-
Tornroos v. Denny's, Inc., 673 So. 2d 192 (Fla. 3d DCA 1996)…t was improvidently granted as to it. See Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Medina v. Metro Dade Police-Police Athletic League, 631 So. 2d 1144 (Fla. 3d DCA 1994); Butler v. Small Fry, Inc., 610 So. 2d 54 (Fla. 3d DCA 1992); Smith v. Smith, 413 So. 2d 73 (Fla. 1st DCA 1982). Accordingly, we reverse the summary judgment as to the claim of negligent supervision and remand for further proceedings thereon. The final summary judgment is otherwise affirmed.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Grady Scott Connell v. Sledge, 306 So. 2d 194 (Fla. 1st DCA 1975)