DAVID KERBEN, APPELLANT,
v.
FLORIDA POWER & LIGHT COMPANY, A CORPORATION, APPELLEE
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The court held that the plaintiff was contributorily negligent as a matter of law, barring recovery.
The plaintiff was injured when a TV antenna he was lowering from a roof contacted uninsulated power lines. The power lines were located below the roof…
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The plaintiff appeals a final summary judgment in a personal injury action. The trial court found:
“1. There is a sufficient issue of controverted fact concerning the negligence of the Defendant to stand against the Motion for Summary Judgment.
“2. The evidence and the record upon which the Motion for Summary Judgment is based shows that the Plaintiff as a matter of law was guilty of negligence proximately contributing to his own injuries and damages. ifc * * ff
The plaintiff was severely burned when he lowered a TV antenna attached to a fifteen foot mast from a roof over a parapet wall onto uninsulated power lines which were approximately three feet below the level of the top of the parapet wall and approximately ten feet out from the side of the building.
It affirmatively appears from the depositions, affidavits and exhibits before the trial court that the negligence of the plaintiff is so clear under the circumstances as to constitute contributory negligence as a matter of law. E. g., Richmond v. Florida Power & Light Co., Fla. 1952, 58 So.2d 687. Having determined that the judgment of the trial court must be affirmed upon that basis we deem it unnecessary to consider whether the record sustains the finding of the trial judge set forth in Paragraph 1 above quoted, to the effect that there was a sufficient issue concerning the negligence of the defendant. Our holding herein shall not be taken as an expression of opinion thereupon.
Affirmed.
CARROLL, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gustav Rist v. Fla. Power & Light Co., 254 So. 2d 540 (Fla. 1971)…iling at the top of his platform. Under these facts it appears that plaintiff was contributorily negligent as a matter of law. See Richmond v. Florida Power & Light Co., Fla.1952, 58 So. 2d 687; and Kerben v. Florida Power & Light Co., Fla.App.1961, 134 So. 2d 280. “The summary final judgment for the defendant Northside is also affirmed. See Quinnelly v. Southern Maid Syrup Company, Fla.App.1964, 164 So. 2d 240.” As to Respondent Florida Power & Light Company, the holding is in conflict with this Court’s de…
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Gustav Rist v. Fla. Power & Light Co., 235 So. 2d 361 (Fla. 3d DCA 1970)…iling at the top of his platform. Under these facts it appears that plaintiff was contributorily negligent as a matter of law. See Richmond v. Florida Power & Light Co., Fla.1952, 58 So. 2d 687; and Kerben v. Florida Power & Light Co., Fla.App.1961, 134 So. 2d 280. The summary final judgment for the defendant Northside is also affirmed. See Quinnelly v. Southern Maid Syrup Company, Fla.App.1964, 164 So. 2d 240. Affirmed.…
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Collins v. Fla. Power & Light Co., 256 So. 2d 7 (Fla. 4th DCA 1971)…1955, 82 So. 2d 150; Hardware Mutual Casualty Co. v. Tampa Electric Co., Fla.1952, 60 So. 2d 179 and Teddleton v. Florida Power & [*9] Light Co., 1941, 145 Fla. 671, 200 So. 546. For contra view see Kerben v. Florida Power & Light Co., Fla.App.1961, 134 So. 2d 280 and dicta in Watley v. Florida Power & Light Co., Fla.App. 1966, 192 So. 2d 27 and Florida Power Corp. v. Willis, Fla.App.1959, 112 So. 2d 15. While appellants’ conduct under the circumstances of this case may be contributory negligence as a matter…
Authorities Cited
- Richmond v. Fla. Power & Light Co., 58 So. 2d 687 (Fla. 1952)