C. PAUL JACKSON, APPELLANT,
v.
ATLANTA BRAVES, INC., A DELAWARE CORPORATION, AND CITY OF WEST PALM BEACH, A MUNICIPAL CORPORATION, APPELLEES
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The appellate court reversed a summary judgment for the defendants, finding that reasonable minds could draw different conclusions regarding negligence, contributory negligence, and assumption of risk in a baseball stadium injury case.
Yes, reasonable minds could draw different conclusions regarding the ultimate factual issues of negligence, contributory negligence, and assumption of risk.
“While there does not appear to be substantial conflict in the evidentiary facts, it appears to us • that various conclusions reasonably might be drawn as to the ultimate factual issues of negligence, contributory negligence, and assumption of risk.”
This quote explains the court's reasoning for reversing the summary judgment, indicating that the ultimate factual issues were debatable.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe plaintiff, C. Paul Jackson, was a business invitee at a baseball game when he was struck by a foul ball tipped over the backstop. He sued the Atla…
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This is an appeal by the plaintiff below, C. Paul Jackson, from a summary final judgment entered in favor of the defendants, Atlanta Braves, Inc. and the City of West Palm Beach, Florida. The complaint charges that the defendants were negligent in failing to provide an adequate screening behind home plate in a municipal stadium owned by the City and leased to the Atlanta Braves, Inc. As a consequence, the complaint alleges, the plaintiff was struck by a foul ball which was tipped over the vertical backstop behind home plate. The complaint alleges that at the time of the accident the plaintiff as a business invitee was seated in the stadium behind home plate during the public exhibition of a baseball game played by a team owned by the defendant Atlanta Braves, Inc.
We have thoroughly reviewed the briefs of the parties and the record on appeal. While there does not appear to be substantial conflict in the evidentiary facts, it appears to us • that various conclusions reasonably might be drawn as to the ultimate factual issues of negligence, contributory negligence, and assumption of *64risk. The judgment appealed from is reversed, and the cause remanded for further proceedings. See Jones v. Stoutenburgh, Fla.1956, 91 So.2d 299, and Weber v. Porco, Fla.1958, 100 So.2d 146.
Reversed.
CROSS, C. J., REED, J., and BOOHER, STEPHEN R., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. Hatoum, 239 So. 2d 22 (Fla. 4th DCA 1970)…breached the standard of care owed to her. To catalog and capsule a few cases which support the plaintiff’s position and reflect light upon the defendant’s responsibility, we note the following: A. In Jackson v. Atlanta Braves, Inc., Fla.App.1969, 227 So. 2d 63 this court advanced a position which indicates reversal in the instant case. Plaintiff was a business invitee who went to defendant’s stadium to view a game of baseball. Plaintiff was struck by a foul ball which was tipped by the batter over the ver…
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Atlanta Braves, Inc. v. Jackson, 237 So. 2d 540 (Fla. 1970)…Certiorari dismissed without opinion. 227 So. 2d 63.…
Authorities Cited
- Weber v. Porco, 100 So. 2d 146 (Fla. 1958)
- Jones v. Stoutenburgh, 91 So. 2d 299 (Fla. 1956)