ROGER BENJAMIN, APPELLANT,
v.
MORTON BRAVERMAN AND DEBORAH BRAVERMAN, HIS WIFE, APPELLEES
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Florida appellate court reversed summary judgment for plaintiff on assault liability, finding genuine issues of material fact precluded summary disposition.
Summary judgment on liability for assault is improper when the defendant specifically denies the allegations and raises factual disputes through answers to requests for admissions.
[1] Summary judgment on liability for assault is improper when defendant specifically denies allegations and raises genuine issues of material fact through answers to request…
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Join FLexlaw to unlock all legal intelligence“by the specific denial of the allegations of the complaint by Benjamin and his answers to the request for admissions, a genuine issue of material fact was created, thereby requiring reversal”
Court's explanation for why summary judgment was improper
Roger Benjamin was accused of willful, wanton, and malicious assault on Morton Braverman. Benjamin denied the allegations and stated he had been accos…
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HALL, VINCENT T., Associate Judge.
This appeal seeks review of the granting of a summary judgment for the appellant, plaintiff in the trial court, on the issue of liability alone.
The cause of action was commenced in the trial court by the appellees’ [Morton Braverman and Deborah Braverman] filing a complaint alleging willful, wanton, and malicious assault upon Morton Brav-erman by the appellant-defendant, Roger Benjamin. Benjamin specifically denied the allegations of the complaint in his answer. In his answer to the request for admissions, he further stated that he had been accosted in the hallway by Braverman who accused him of lying before the judge, specifically restrained him, blocking his path with his briefcase; such action occurring prior to the alleged assault by Benjamin.
The court finds that by the specific denial of the allegations of the complaint by Benjamin and his answers to the request for admissions, a genuine issue of material fact was created, thereby requiring reversal. Therefore, for the reasons above stated, the order granting plaintiff’s motion for summary judgment on liability is here by vacated and set aside, and the cause is remanded to the trial court with directions to grant the appellant, Roger Benjamin, a trial.
Reversed and remanded, with directions.