BARBARA DERRER AND THOMAS DERRER, HER HUSBAND, APPELLANTS,
v.
LINDA RUSSELL PAULK, GEORGIA ELECTRIC COMPANY, TRAFFIC CONTROL DEVICES, INC. AND BRYANT ELECTRIC COMPANY, INC., APPELLEES
BARBARA DERRER AND THOMAS DERRER, HER HUSBAND, APPELLANTS,
LINDA RUSSELL PAULK, GEORGIA ELECTRIC COMPANY, TRAFFIC CONTROL DEVICES, INC. AND BRYANT ELECTRIC COMPANY, INC., APPELLEES
514 So. 2d 379
Florida District Court of Appeal, Third District (1987)
Opinion of the Court
PER CURIAM.
The final summary judgment entered in favor of the defendant Traffic Control Devices, Inc. in this negligence action is affirmed because (1) the sole claim of negligence in this case is the defendant’s alleged failure to fulfill its contractual duty to respond to all trouble calls and correct any malfunctions in a particular traffic control signal, and (2) the record affirmatively establishes, contrary to the plaintiff’s contention, that the defendant fulfilled its aforesaid contractual duty, and, therefore, was not negligent in this case as a matter of law. See Wentz v. Independent Life & Accident Ins. Co., 254 So. 2d 368, 369 (Fla. 3d DCA 1971).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wentz v. The Indep. Life & Accident Ins. Co., 254 So. 2d 368 (Fla. 3d DCA 1971)