KATHIE ANN BAILEY, A MINOR, BY HER FATHER AND NEXT FRIEND, CLIFTON D. BAILEY, AND CLIFTON D. BAILEY, APPELLANTS,
v.
BARBARA KEENE, APPELLEE
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This case involves a personal injury action where a minor was struck by a car while crossing the street to find her brother. The appellate court affirmed the lower court's summary judgment for the defendant.
No, the trial judge did not err in granting summary judgment for the defendant.
“This is a personal injury action. The circuit judge rendered a summary judgment for the defendant and the plaintiffs have appealed from this decision.”
Establishes the nature of the case and the procedural posture.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff father went to his daughter's school to pick her up. He asked his daughter to find her brother. She searched for her brother and then re…
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This is a personal injury action. The circuit judge rendered a summary judgment for the defendant and the plaintiffs have appealed from this decision.
The plaintiff father had gone to the school which his minor daughter attended to get her. While there for that purpose he also decided to pick up his son and directed his daughter to go in search of him. This she did and then returned, calling to *499her father that she could not find her brother. Thereupon, her father told her to come back to his car. She started across the street and was struck by the defendant’s automobile.
Without reciting any further details of the accident, we mention that the trial judge followed the case of Griffis v. Du Bow, Fla.App. 1959, 114 So.2d 207, as the basis for the entry of the judgment. We find no fault with the judge’s determination and uphold the judgment entered by him.
Affirmed.
ALLEN, C. J., and KANNER and SHANNON, TL, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Danni Gail Byrd v. Leach, 226 So. 2d 866 (Fla. 4th DCA 1969)…e child move or start to move into his path or for a finding that he ought to have seen such. When no evidence of negligence is present, summary judgment is appropriate. Griffis v. Du Bow, Fla.App.1959, 114 So. 2d 207; Bailey v. Keene, Fla.App.1960, 122 So. 2d 498; Cahill v. Cooney, Fla.App.1966, 182 So. 2d 32. For similar fact situations where the issue was decided as a matter of law, see Jackson v. Haney, Fla.App.1960, 124 So. 2d 719; Green v. Loudermilk, Fla.App.1962, 146 So. 2d 601. Based on the circumst…
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Jackson v. Haney, 124 So. 2d 719 (Fla. 2d DCA 1960)…le about like that (indicating). He ran into the right front fender, right on the curve of the fender at the edge there. That, roughly, is what happened.” (Emphasis added.) A similar situation was presented irt Bailey et al. v. Keene, Fla.App.1960, 122 So. 2d 498, 499, wherein the trial court had entered summary judgment for the defendant. The plaintiff-father had gone to the-school which his minor daughter attended to get her. While he was there he directed his daughter to go look for her brother so he coul…
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Applegate v. Jefferson Wesley Holland, 177 So. 2d 46 (Fla. 2d DCA 1965)…cts indicating the doctrine of the last clear chance, for there was no way to prevent the plaintiff’s minor son from running into the side of defendant’s car. The cases of Griffis v. DuBow, 114 So. 2d 207 (1st D.C.A. Florida 1959); Bailey v. Keene, 122 So. 2d 498 (2nd D.C.A. Fla. 1960); and Jackson v. Haney, 124 So. 2d 719 (2nd D.C.A. Fla.1960), are quite similar factually, and are authority for the decision in this case. Affirmed. SHANNON, Acting C. J., and ANDREWS, J., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Griffis v. DU BOW, 114 So. 2d 207 (Fla. 1st DCA 1959)