MARY R. HAMBRICK AND SOUTH CAROLINA INSURANCE COMPANY, INC., A CORPORATION, APPELLANTS,
v.
ETHEL JACKSON AND JOHNNY M. JACKSON, HER HUSBAND, APPELLEES
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PER CURIAM
The only point on appeal that merits discussion is appellants’ contention that the trial court erred in refusing to instruct the jury as to the defense of assumption of risk. Our sister court has held that the doctrine of assumption of risk is a valid defense. Dorta v. Blackburn, 302 So. 2d 450 (Fla.App. 3rd, 1974). This court held to the contrary in Parker v. Maule Industries, Inc., 321 So. 2d 106 (Fla.App. 1st, 1975), and, of course, we are bound by our own precedent.
This case was argued on November 18, 1975. We delayed disposition with the expectation that the Florida Supreme Court would resolve the conflict, however, as of this date, we have not been enlightened by that court. It is time to dispose of the matter. The judgment appealed is AFFIRMED.
RAWLS, J., and CREWS, JOHN J., JR., Associate Judge, concur. BOYER, C. J., specially concurs.
BOYER, Chief Judge
(concurring specially) .
I am yet of the view expressed in my dissenting opinion in Parker v. Maule In dustries, Inc., cited above. However, a majority of a panel of this Court having held contra, in deference to the doctrine of stare decisis and stability of the law in this District, I concur in affirmance.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Blackburn v. Dorta, 348 So. 2d 287 (Fla. 1977)…12 So. 2d 818 (Fla. 4th DCA 1975), reached contrary conclusions. Subsequent to entertaining these consolidated cases, the District Court of Appeal, First District, has decided Smith v. Carter, 338 So. 2d 845 (Fla. 1st DCA 1976); Hambrick v. Jackson, 333 So. 2d 96 (Fla. 1st DCA 1976), and Manassa v. New Hampshire Insurance Co., 332 So. 2d 34 (Fla. 1st DCA 1976). In addition, the District Court of Appeal, Second District, has decided Hall v. [*289] Horton, 330 So. 2d 81 (Fla. 2d DCA 1976). Each of these last c…
Authorities Cited
- Premix-Marbeltite Sales Co., Inc. v. McRAE Plastering, Inc., 302 So. 2d 450 (Fla. 3d DCA 1974)
- Parker v. Maule Indus., Inc., 321 So. 2d 106 (Fla. 1st DCA 1975)