SUPREME INTERNATIONAL CORP., F/U/B/O GREAT AMERICAN INSURANCE COMPANY, APPELLANT,
v.
AIR SEA SHIPPING, INC., AND UNION ASSURANCE UNDERWRITERS, INC., APPELLEES
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A bailee's summary judgment dismissal was reversed because genuine issues of material fact existed regarding whether the bailee exercised adequate care and security measures to prevent theft of bailed goods.
Summary judgment for a bailee is improper when the record contains evidence from which a trier of fact could draw reasonable inferences that the bailee failed to exercise the requisite degree of care in securing bailed goods.
[1] A bailee's summary judgment motion should be denied when the record contains evidence from which a jury could reasonably infer the bailee failed to exercise requisite car…
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Join FLexlaw to unlock all legal intelligenceSupreme International's goods were stolen from Air Sea Shipping's warehouse facility. Air Sea submitted depositions claiming lack of knowledge of secu…
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PER CURIAM.
Supreme International Corporation [Supreme] appeals a final summary judgment in favor of defendants Air Sea Shipping, Inc., [Air Sea] and Union Assurance Underwriters, Inc., in an action to recover losses Supreme incurred when its goods were stolen from Air Sea’s warehouse facility. We reverse.
The record demonstrates the existence of genuine issues of material fact as to whether Air Sea, the bailee of Supreme’s goods, exercised the requisite degree of care and provided sufficient security measures to prevent the theft of the bailed goods. Air Sea submitted depositions attesting to its lack of knowledge of security problems in the area; however, Supreme’s affiant asserted the existence of a local police department unit that investigates thefts only from warehouses in the area.
Thus, the record contains evidence from which the trier of fact could draw reasonable inferences in favor of Supreme. Value Rent-A-Car, Inc. v. Collection Chevrolet, Inc., 543 So. 2d 803 (Fla. 3d DCA 1989); State Farm Fire & Cas. Co. v. B & F Marine, Inc., 520 So. 2d 649 (Fla. 3d DCA 1988); City of Clearwater v. Thomas, 446 So. 2d 1160 (Fla. 2d DCA 1984); Clermont Marine Sales, Inc. v. Harmon, 347 So. 2d 839 (Fla. 2d DCA 1977); see Value Rent-A-Car, Inc. v. Collection Chevrolet, Inc., 570 So. 2d 1376 (Fla. 3d DCA 1990); Aetna Cas. & Sur. Co. v. Pappagallo Restaurant, 547 So. 2d 243 (Fla. 3d DCA 1989); ITT Consumer Serv. Corp. v. Travelers Indem. Co., 256 So. 2d 74 (Fla. 3d DCA 1971), cert. denied, 263 So. 2d 229 (Fla.1972).
Accordingly, we reverse the final summary judgment.
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Papi Express, Inc. v. Dosal Tobacco Corp., 677 So. 2d 1314 (Fla. 3d DCA 1996)…nc., 547 So. 2d 243 (Fla. 3d DCA 1989); Hyde Shipping Corp. v. Concreto Asfaltico Nacional, S.A., 507 So. 2d 776 (Fla. 3d DCA 1987); City of Clearwater v. Thomas, 446 So. 2d 1160 (Fla. 2d DCA 1984). See Supreme Int’l Corp. v. Air Sea Shipping, Inc., 585 So. 2d 480 (Fla. 3d DCA 1991), and cited cases. We reverse the summary judgment and remand for proceedings consistent with this opinion. Reversed and remanded.…
Authorities Cited
- Clermont Marine Sales, Inc. v. Binion Gaines Harmon, 347 So. 2d 839 (Fla. 2d DCA 1977)
- ITT Consumer Servs. Corp. v. Travelers Indem. Co., 256 So. 2d 74 (Fla. 3d DCA 1971)
- AETNA Cas. & Sur. Co. v. Pappagallo Rest., Inc., 547 So. 2d 243 (Fla. 3d DCA 1989)
- City OF Clearwater v. Thomas, 446 So. 2d 1160 (Fla. 2d DCA 1984)
- Value Rent-A-Car, Inc. v. Collection Chevrolet, Inc., 570 So. 2d 1376 (Fla. 3d DCA 1990)
- Value Rent-A-Car, Inc. v. Collection Chevrolet, Inc., 543 So. 2d 803 (Fla. 3d DCA 1989)
- Donald v. Urso, 263 So. 2d 229 (Fla. 1972)
- Lustgarten v. Hochmann, 263 So. 2d 229 (Fla. 1972)
- State Farm Fire & Cas. Co. a/s/o Charles M. Wilson v. B & F Marine, Inc., 520 So. 2d 649 (Fla. 3d DCA 1988)