GEORGE P. TYLER, APPELLANT,
v.
GULF COAST ROAD & EQUIPMENT COMPANY, APPELLEE
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Tyler, an employee injured when his clothing caught on a protruding nail used as a makeshift substitute for a missing clip-pin on a spraying machine, appealed a summary judgment entered in favor of Gulf Coast Road & Equipment Company. The court reversed, finding genuine triable issues regarding whether the defendant had a duty to maintain the equipment and whether any negligence proximately caused the injury.
The court held that genuine triable issues existed concerning the defendant's duty to maintain the equipment and its alleged negligent failure to do so, which could not be resolved on summary judgment. Accordingly, the summary judgment was reversed and the case remanded for trial.
“Upon examination of the pleadings and the evidence which was before the trial court on the defendant-appellee's motion for summary judgment, we conclude that genuine triable issues were disclosed and presented which properly could not be resolved on motion for summary judgment.”
Establishes the court's holding that summary judgment was inappropriate because genuine triable issues of fact existed regarding the defendant's duty and negligence.
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Join FLexlaw to unlock all legal intelligenceTyler was employed by South Florida Citrus Industries, Inc. and was injured while using a spraying machine attached to a tractor. The tractor was conn…
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On this appeal by the plaintiff, in an action for damages for personal, injuries, from a summary judgment entered in favor of one of the defendants, we find error and reverse.
Appellant was employed by South Florida Citrus Industries, Inc. He was injured in using a spraying machine attached to and powered by a tractor. The latter was connected to the drive shaft of the spraying machine by a large nail which protruded several inches. The nail was being used as a substitute for a missing clip-pin or bolt. Also missing was a guard or shield designed for use there, and formerly so used on the machine.
*548Appellant’s clothing was caught by the nail, resulting in the loss of one of his arms. He sued numerous defendants, including the appellee. As to the latter, the complaint alleged it was jointly engaged with appellant’s employer in the “ownership, operation, maintenance and/or control of a certain citrus grove located near Arcadia, Florida;” that said defendant was under a duty to maintain the equipment involved, and that it negligently defaulted therein by reason of the condition of the equipment as above referred to; and that its said negligence was a proximate cause of appellant’s injury.
Upon examination of the pleadings and the evidence which was before the trial court on the defendant-appellee’s motion for summary judgment, we conclude that genuine triable issues were disclosed and presented which properly could not be resolved on motion for summary judgment. Included were issues as to whether the defendant-appellee was under a duty to maintain and repair the machine as alleged, and, if so, whether it was negligent therein proximately causing plaintiff’s injury.
Accordingly, the summary judgment appealed from is reversed, and the cause remanded for further proceedings.