MISTY CARLSON, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF K.H., A CHILD
v.
VOLUSIA COUNTY SCHOOLS AND CITY OF DELAND
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Summary judgment is improper when video evidence and interrogatory answers do not conclusively resolve material facts in dispute.
[1] Summary judgment is improper when video evidence, though probative, does not conclusively resolve material factual disputes and the slightest doubt remains as to the fact…
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Join FLexlaw to unlock all legal intelligence“If the 'slightest doubt' exists, then summary judgment must be reversed.”
Court's standard for evaluating summary judgment motions, citing Skelton v. Real Estate Sols. Home Sellers, LLC
Misty Carlson, individually and as parent of K.H., sued the City of Deland and Volusia County Schools arising from an accident. The trial court grante…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
MISTY CARLSON, INDIVIDUALLY
AND AS PARENT AND NATURAL
GUARDIAN OF K.H., A CHILD,
Appellant,
v. Case No. 5D19-91
Corrected
VOLUSIA COUNTY SCHOOLS
AND THE CITY OF DELAND,
Appellees.
________________________________/
Opinion filed May 15, 2020
Appeal from the Circuit Court for Volusia County, Randell H. Rowe, III, Judge.
Craig R. Lynd and Christopher H. Hunt, of Kaufman & Lynd, PLLC, Orlando, for Appellant.
Michael J. Roper, Cindy A. Townsend and Nicholas J. Mari, of Bell & Roper, P.A., Orlando, for Appellee, City of Deland. No Appearance for Appellee, Volusia County Schools
2
WALLIS, J.
Misty Carlson, individually and as parent and natural guardian of K.H., appeals the final summary judgment entered in favor of the City of Deland, arguing the lower court erred because there were unresolved issues of fact. We agree. In granting summary judgment, the trial court relied on Carlson's interrogatory answers and a video that captured the accident. After reviewing the video and interrogatory answers, we conclude that genuine issues of material fact remain as to the accident. See Skelton v. Real Estate Sols. Home Sellers, LLC, 202 So. 3d 960, 961 (Fla. 5th DCA 2016) ("If the 'slightest doubt' exists, then summary judgment must be reversed." (quoting Sierra v. Shevin, 767 So. 2d 524, 525 (Fla. 3d DCA 2000))). In particular, we note that the video does not conclusively refute Carlson's allegations and, even if it did, summary judgment would still likely be improper at this point. See Lopez v. Wilsonart, LLC, 275 So. 3d 831, 834 (Fla. 5th DCA 2019) (holding summary judgment improper even though video evidence strongly refuted other evidence), review granted, SC19-1336, 2019 WL 5188546 (Fla. Oct. 15, 2019). Accordingly, we reverse and remand for further proceedings. REVERSED and REMANDED.
EISNAUGLE and TRAVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sierra v. Shevin, 767 So. 2d 524 (Fla. 3d DCA 2000)
- Lopez v. Wilsonart, LLC, 275 So. 3d 831 (Fla. 5th DCA 2019)
- Griffis v. State, 202 So. 3d 960 (Fla. 1st DCA 2016)