PAUL STREB, A MINOR, BY AND THROUGH HIS PARENTS AND NATURAL GUARDIANS, JAMES STREB AND DOROTHY STREB, ET AL., APPELLANTS,
v.
SEARS ROEBUCK & COMPANY, APPELLEE

Fla. 3d DCA | 1977-02-01
No. 75-1993
Before HENDRY, C. J., and BARKDULL and NATHAN, JJ.
341 So. 2d 1059 Florida District Court of Appeal, Third District (1977) Positive Treatment
Cited by 10 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal by plaintiffs from an order dismissing their complaint. The complaint charged that the defendant, Sears Roebuck and Company, was liable in damages to plaintiffs for injuries suffered by the minor plaintiff when the trousers purchased from Sears by plaintiffs ignited while they were being worn by the minor. Upon motion of the defendant, Sears, the trial court dismissed the complaint. The order stated no grounds for the dismissal. Application for leave to amend was heard and denied.

Upon consideration of the record on appeal, briefs and argument of counsel, we have concluded that the complaint did not wholly fail to state a cause of action upon which relief could be granted. Therefore, the court erred in dismissing the complaint.

Reversed and remanded for further proceedings.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Greene v. Flewelling, 366 So. 2d 777 (Fla. 2d DCA 1978)
    …we feel this issue is dispositive of the case, we proceed to it first. It is rudimentary that a claimant must plead and prove that the negligent act of the person against whom he seeks a recovery was the cause of his injuries. Salinetro v. Nystrom, 341 So. 2d 1059 (Fla. 3d DCA 1977); McWhorter v. Curby, 113 So. 2d 566 (Fla. 2d DCA 1959); W. Prosser, The Law of Torts 236 (4th ed. 1971). Since Greene relied upon his loss of smell and taste to meet the nofault thresholds, it was incumbent upon him to prove that…
  • Spinner v. Wainer, 430 So. 2d 595 (Fla. 4th DCA 1983)
    …mary judgment was undoubtedly awarded because the record was void of any expert opinion that the negligence of the appellees was the proximate cause of any injury to the child — an essential element of the cause of action.4 See Salinetro v. Nystrom, 341 So. 2d 1059 (Fla. 3d DCA 1977). Had counsel believed the motion was to be considered on the merits perhaps they would have presented legitimate expert testimony to contradict what is now uncontra-dicted; although, for .all we know, such legitimate expert medic…
  • Smith v. Robert Willner, M.D., 382 So. 2d 849 (Fla. 3d DCA 1980)
    …PER CURIAM. Affirmed. Quinn v. Millard, 358 So. 2d 1378 (Fla.3d DCA 1978); Salinetro v. Nystrom, 341 So. 2d 1059 (Fla.3d DCA 1977).…

Previewing 3 of 10 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