PREMIX-MARBELTITE SALES CO., INC., A FLORIDA CORPORATION, APPELLANT,

v.

MCRAE PLASTERING, INC., A FLORIDA CORPORATION, ET AL., APPELLEES

Citator

Cited By

• Blackburn v. Dorta, 348 So. 2d 287 (Fla. 1977)
  …nsolidated cases are before the Court under our conflict certiorari jurisdiction as provided by Article V, Section 3(b)(3), Florida Constitution, and Florida Appellate Rule 4.5(b). The District Court of Appeal, Third District, in Dorta v. Blackburn, 302 So. 2d 450 (Fla. 3d DCA 1974), found that the doctrine of assumption of risk is still viable as an absolute bar to recovery subsequent to our adoption of the rule of comparative negligence in Hoffman v. Jones, 280 So. 2d 431 (Fla.1973). On the same point of la…
• Hall v. Holton, 330 So. 2d 81 (Fla. 2d DCA 1976)
  …ive negligence. Parker v. Maule Industries, Inc., Fla.App.1st, 1975, 321 So. 2d 106; Rea v. Leadership Housing, Inc., Fla.App.4th, 1975, 312 So. 2d 818. The Third District Court of Appeal took a contrary view in Dorta v. Blackburn, Fla.App.3d, 1974, 302 So. 2d 450. The issue is likely to be soon resolved by the Supreme Court. In the meantime, we are persuaded to align this court with the position taken by the First and Fourth Districts. The relationship between assumption of risk and contributory negligence…
• Concetta REA and Frank Rea v. Leadership Hous., Inc., 312 So. 2d 818 (Fla. 4th DCA 1975)
  …defendants is in harmony with its manifest determination of public policy regarding tort reparation.” (192 N.W. 2d 828) In reaching this decision we recognize the contrary position adopted by the Third District in Dorta v. Blackburn, Fla.App.1974, 302 So. 2d 450. Most respectfully, we feel that the decision in Dorta is inconsistent with the underlying rationale of loss distribution in proportion to fault as espoused by the Supreme Court (and this court) in Hoffman v. Jones. Unquestionably our decision clear…

Authorities Cited

• Kizer v. Martin, 132 So. 2d 14 (Fla. 1st DCA 1961)
• Neff Mach., Inc. v. Allied Elec. Co., Inc., 258 So. 2d 314 (Fla. 3d DCA 1972)
• Robertson v. Wilson, 59 Fla. 400 (Fla. 1910)