DOLORES MAE GUTHRIE, AS EXECUTRIX OF THE ESTATE OF EDWARD JAMES GUTHRIE, DECEASED, APPELLANT,
v.
AETNA STEEL COMPANY AND CONTINENTAL CASUALTY CO., APPELLEES

Fla. 4th DCA | 1976-03-12
No. 75-872
WALDEN, C. J., and OWEN and MA-GER, JJ., concur.
328 So. 2d 515 Florida District Court of Appeal, Fourth District (1976) Caution
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We conclude that the amended complaint states a cause of action both in negligence (Count I) and implied warranty (Count II) and it was therefore error to dismiss the same with prejudice.

Reversed and remanded.

WALDEN, C. J., and OWEN and MA-GER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Rupp v. Bryant, 417 So. 2d 658 (Fla. 1982)
    …burden on college), cert. denied, 446 U.S. 909, 100 S.Ct. 1836, 64 L.Ed.2d 26 (1980). The school also has no duty to supervise off-premises activities of students which are not school related. See Oglesby v. Seminole County Bd. of Pub. Instruction, 328 So. 2d 515 (Fla. 4th DCA 1976). . Breach of duty and damages are two additional elements required for a negligence cause of action. See W. Prosser, The Law of Torts § 30 (4th ed. 1971). Since a duty has been found, there can be no doubt that the total failure…
  • Gross v. Fam. Servs. Agency, Inc., 716 So. 2d 337 (Fla. 4th DCA 1998)
    …vities. See Concepcion v. Archdiocese of Miami, 693 So. 2d 1103 (Fla. 3d DCA 1997)(holding that a school has no duty to supervise off-campus, non-school related activities during non-school hours); Oglesby v. Seminole County Bd. of Pub. Instruction, 328 So. 2d 515 (Fla. 4th DCA 1976)(same). This case involves an adult student injured during an off-campus, but school related activity, i.e., a university-mandated internship program at a site specifically approved and suggested by the university. The relationsh…
  • Concepcion v. The Archdiocese OF Miami, 693 So. 2d 1103 (Fla. 3d DCA 1997)
    …ated activity off the school’s premises. The only Florida decision which we have located which squarely addresses the issue of a school’s duty under the factual scenario presented in this case is Oglesby v. Seminole County Bd. of Public Instruction, 328 So. 2d 515 (Fla. 4th DCA 1976). Oglesby involved a suit brought by the parents of a minor student who died as a result of injuries inflicted by a fellow student after-school in a fight off the school’s premises. The perpetrator had a history of prior violent c…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw