MINOR GOMEZ, APPELLANT,
v.
CARNIVAL CRUISE LINES, INC., APPELLEE
MINOR GOMEZ, APPELLANT,
CARNIVAL CRUISE LINES, INC., APPELLEE
595 So. 2d 227
Florida District Court of Appeal, Third District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Minor Gomez, plaintiff below, appeals a summary judgment in favor of defendant Carnival Cruise Lines, Inc., in an action under the Jones Act. We conclude that, construed in the light most favorable to plaintiff, the facts do not make out a continuing tort, see Fowkes v. Pennsylvania R. Co., 264 F. 2d 397, 398 (3d Cir.1959); Seaboard Air Line R. Co. v. Holt, 92 So. 2d 169, 170 (Fla.1956) (FELA action), nor was there negligent reassignment.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Aristide v. Jackson Mem'l Hosp., 917 So. 2d 253 (Fla. 3d DCA 2005)…ord Motor Company, 694 So. 2d 61 (Fla. 1st DCA 1997) (holding that the jury must decide whether a continuing tort occurred where the plaintiff alleged that the defendant continued to make false representations); Gomez v. Carnival Cruise Lines, Inc., 595 So. 2d 227 (Fla. 3d DCA 1992) (affirming summary judgment where the facts did not make out a continuing tort when viewed in the light most favorable to the plaintiff). Therefore, the trial court was correct in finding the continuing tort doctrine to be inappli…
Authorities Cited
- Fowkes v. Pa. R.R. Co., 264 F.2d 397 (3d Cir. 1959)
- Seaboard AIR Line R.R. Co. v. Holt, 92 So. 2d 169 (Fla. 1956)