GREGORY L. FLEMING, APPELLANT,
v.
AQUASLIDE 'N' DIVE, INC., APPELLEE
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PER CURIAM.
AFFIRMED.
DAUKSCH and FRANK D. UP-CHURCH, Jr., JJ., concur. SHARP, J., dissents with opinion.
SHARP, Judge,
dissenting.
I dissent because I think summary judgment should not have been granted. The record presented material questions of fact concerning Aquaslide’s duty to provide warnings and instructions as to the size and depth of a pool necessary to ensure the safe use of the diving board involved in this diving accident. There was also a question whether the warnings and instructions which were provided were adequate.
Counsel for appellee conceded that the diving board involved in this case was safe only if used by children, but hazardous if used by adults, when used with the size pool where Fleming was injured. The only party in this case who had the information about how far the board would spring an average-sized adult or child was the manufacturer, Aquaslide. The need for warnings, or the adequacy 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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Meek v. State, 487 So. 2d 1058 (Fla. 1986)…QUESTION IN THE PRESENCE OF BOTH DEFENSE COUNSEL AND THE PROSECUTOR, BUT IN THE ABSENCE OF THE DEFENDANT? Meek, 474 So. 2d at 343. . Villavicencio v. State, 449 So. 2d 966 (Fla. 5th DCA), review denied, 456 So. 2d 1182 (Fla.1984); Brown v. State, 449 So. 2d 1293 (Fla. 2d DCA), review denied, 459 So. 2d 1039 (Fla.1984); Smith v. State, 453 So. 2d 505 (Fla. 4th DCA 1984), review denied, 462 So. 2d 1107 (Fla.1985).…
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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
- Giddens v. Denman Rubber Mfg. Co., 440 So. 2d 1320 (Fla. 5th DCA 1983)
- Anne Marie MacMURDO v. The Upjohn Co., 444 So. 2d 449 (Fla. 4th DCA 1983)
- Terrell v. State, 405 So. 2d 274 (Fla. 4th DCA 1981)
- Robinson v. Broward Cnty. Sch. Bd., 405 So. 2d 274 (Fla. 4th DCA 1981)