SYLVIA KAY ZELLER, INDIVIDUALLY, AND AS ADMINISTRATRIX OF AND SURVIVING WIDOW OF FRANK ZELLER, DECEASED, APPELLANT,
v.
PEOPLES GAS SYSTEM, INC., ET AL., AND HOME INSURANCE CO., ET AL., APPELLEES

Fla. 3d DCA | 1972-03-07
Nos. 71-439, 71-555
Before BARKDULL, C. J. and CHARLES CARROLL and HENDRY, JJ-
258 So. 2d 835 Florida District Court of Appeal, Third District (1972) Positive Treatment
Cited by 4 cases
Topics
Personal Injury Damages Material Issue Of Fact Survival Action Liability

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, who was the plaintiff below, seeks reversal of a summary judgment entered for defendants. Appellant filed an action for damages for personal injury to herself, and for damages for wrongful death of her husband, and under the survival act in her capacity as administratrix. Upon the pleadings, deposition evidence, affidavits and answers to interrogatories the trial court granted summary judgment for the defendants, upon holding there were no genuine issues as to any material fact and that the defendants were entitled to judgment as a matter of law. With that finding and conclusion of the trial court we cannot agree. The defendants did not carry their burden to show conclusively the absence of genuine issue of material fact. Holl v. Talcott, Fla.1966, 191 So.2d 40, 43, and opinion on rehearing at pp. 47-48. The record discloses a number of material issues of fact bearing on questions as to liability and causation which could not properly be disposed of upon hearing on motion for summary judgment, including an issue as to whether the gas supplied had been treated to give off an identifying or warning odor as required.

Judgment reversed and cause remanded for further proceedings.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • NOA v. United GAS Pipeline Co., 305 So. 2d 182 (Fla. 1974)
    …have a duty to odorize?); Camp v. Gulf Counties Gas Co. (Fla.App.1972), 265 So. 2d 730, cert. den. Fla., 284 So. 2d 691 (expert testimony on reasonable care sufficed to create a jury question), and Zeller v. Peoples Gas System, Inc. (Fla.App.1972), 258 So. 2d 835 (whether a gas company has odorized gas as required is a question of fact). Finally, Petitioners contend that when all conflicts are resolved and when all permissible inferences are drawn in their favor, a jury question was at least presented on Res…
  • Peoples GAS Sys., Inc. v. Zeller, 267 So. 2d 82 (Fla. 1972)
    …Certiorari denied. 258 So. 2d 835. ROBERTS, C. J., and ERVIN, CARLTON, McCAIN and DEKLE, JJ., concur.…

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