BROADACRE TRAILER LODGE, INC., APPELLANT,

v.

MARGARET FIX, APPELLEE

Citator

Cited By

• McCABE v. Walt Disney World Co., 350 So. 2d 814 (Fla. 4th DCA 1977)
  …ough the vehicle of summary judgment. In short, the questions of the negligence of the appellee and the comparative negligence of the appellant are material issues of fact which exist so as to preclude entry of summary judgment. Goldberg v. McCabe, 313 So. 2d 47 (Fla. 3d DCA 1975). Accordingly, the summary final judgment is reversed and the cause remanded for further proceedings consistent with the views herein expressed. Reversed and remanded. ALDERMAN, C. J., and DAUKSCH, J., concur.…
• Passaro v. The City OF Sunrise, 415 So. 2d 162 (Fla. 4th DCA 1982)
  …CA 1981). Even more importantly, there is an issue as to the comparative negligence of the respective parties and the contribution to be made under § 768.31 Florida Statutes (1981). Hoffman v. Jones, 280 So. 2d 431 (Fla.1973) and Goldberg v. McCabe, 313 So. 2d 47 (Fla. 3d DCA 1975). In our view the foregoing issues are properly issues for the jury. Reversed and remanded for further proceedings. HURLEY and DELL, JJ., concur.…
• Arellano v. Broward K-9/Miami K-9 Servs., Inc., 207 So. 3d 351 (Fla. 3d DCA 2016)
  …te prescribes a limited exception to such strict liability: the plaintiffs comparative negligence.3 Whether and to what extent a plaintiff is comparatively negligent for her own injuries generally is a fact question for the jury. Goldberg v. McCabe, 313 So. 2d 47 (Fla. 3d DCA 1975). III. Conclusion Genuine issues of material fact exist as to whether, and to what extent, K-9’s liability for Arellano’s injuries should be reduced because of Arellano’s actions. We reverse the trial court’s final summary judgme…