WILLIAM JOHNSON, AS FATHER AND NEXT FRIEND OF STANLEY JOHNSON, A MINOR, DECEASED, AND WILLIAM JOHNSON FOR THE ESTATE OF STANLEY JOHNSON, APPELLANTS,
v.
ROGER DEAN CHEVROLET, INC., A FLORIDA CORPORATION, AND GENERAL MOTORS CORPORATION, A FOREIGN CORPORATION DOING BUSINESS IN THE STATE OF FLORIDA, APPELLEES
On the basis of our review of the briefs, record on appeal and oral argument we are of the opinion that the moving party failed to sustain the burden of proving the nonexistence of genuine triable issues. Holl v. Talcott, Fla.1966, 191 So.2d 40; Robinson v. City of Miami, Fla.App.1965, 177 So.2d 718; Touart v. Gonzalez, Fla.App.1963, 156 So.2d 656; Posey v. Pensacola Tractor and Equipment Company, Fla.App.1962, 138 So.2d 777; Croft v. York, Fla.App. 1971, 244 So.2d 161; Nance v. Ball, Fla. App.1961, 134 So.2d 35. The fact that the depositions and affidavits in support of the movant tend to show a lack of knowledge by those witnesses of any negligence on the part of the defendant, does not in our view meet or overcome the reasonable inferences to be drawn from the nonmoving party’s allegations of negligence in the manufacture, assembly and maintenance of the subject vehicle resulting in the injury alleged.
Accordingly, the judgment of the trial court is reversed and the cause remanded for further proceedings not inconsistent herewith.
Reversed and remanded.
WALDEN, CROSS and MAGER, JJ„ concur.
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Authorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Nance v. Linzy Ball and June Ball, 134 So. 2d 35 (Fla. 2d DCA 1961)
- Edsel Posey v. Pensacola Tractor & Equip. Co., Inc., 138 So. 2d 777 (Fla. 1st DCA 1962)
- Croft v. York, 244 So. 2d 161 (Fla. 1st DCA 1971)
- Touart v. Lottie E. Gonzalez, 156 So. 2d 656 (Fla. 1st DCA 1963)
- Robinson v. City OF Miami, 177 So. 2d 718 (Fla. 3d DCA 1965)