RALPH B. MCKAY, FOR HIMSELF AND FOR THE USE AND BENEFIT OF SHELBY MUTUAL INSURANCE COMPANY, APPELLANT,
v.
DEAN ALLEN MOTLEY, A MINOR, BY AND THROUGH HIS FATHER, GUARDIAN AND NEXT FRIEND, GEORGE E. MOTLEY AND GEORGE E. MOTLEY, INDIVIDUALLY, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that summary judgment on liability was inappropriate because genuine issues of material fact remained regarding negligence.
Plaintiff sued defendant for damages from a motorcycle-automobile collision, alleging defendant's negligence. Defendants counterclaimed, alleging plai…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Damages To Automobile cases and more on FLexlaw
PER CURIAM.
Appellant/plaintiff/counterdefendant, Ralph B. McKay, appeals a partial summary judgment on the issue of liability entered in favor of appellees/defendants/counter-plaintiffs, Dean A. Motley, a minor and his father, George E. Motley.
The complaint alleged that Dean Motley’s negligence in the operation of a motorcycle caused it to collide with appellant’s automobile and that the negligence of Dean Motley is imputed to George Motley. Appellant was seeking recovery for damages to his automobile resulting from the collision. Appellees answered and filed affirmative defenses and counterclaims. Dean Motley counterclaimed seeking compensatory and punitive damages alleging that appellant’s negligence in the operation of his automobile caused personal injury to Dean Motley and that appellant’s negligence constituted willful and wanton disregard for the safety of others. George Motley counterclaimed for costs of Dean Motley’s medical treatment and for damages for loss of companionship. Appellees moved for summary judgment on the issue of liability. The trial court granted the motion and entered a partial summary judgment finding that appellant’s negligence was the proximate cause of the damages resulting from the accident.
Since the decision of the Florida supreme court in Hoffman v. Jones, 280 So. 2d 431 (Fla.1973), which adopted the doctrine of comparative negligence, it is less probable that a summary judgment on the issue of liability would be appropriate. The depositions of the four persons involved in the accident, the affidavit of a witness to the accident, and other evidence presented to the trial court fails to show conclusively that no genuine issue of material fact existed as to the negligence of Dean Motley. See Holl v. Talcott, 191 So. 2d 40 (Fla.1966). Accordingly the partial summary judgment is reversed.
REVERSED and REMANDED for proceedings consistent with this opinion.
BOARDMAN, C. J., and McNULTY and OTT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Corbitt v. City OF Bonifay, 407 So. 2d 971 (Fla. 1st DCA 1981)…-fendant in consolidated lawsuits arising out of an automobile accident. We reverse. The record discloses numerous issues of material fact which preclude summary disposition of these cases. Holl v. Talcott, 191 So. 2d 40 (Fla.1966); McKay v. Motley, 343 So. 2d 668 (Fla. 2nd DCA 1977). REVERSED and REMANDED for proceedings consistent with this opinion, ERVIN, BOOTH and THOMPSON, JJ., concur.…
-
Elizabeth Keckler and Vernon v. Keckler, 346 So. 2d 1038 (Fla. 2d DCA 1977)…riefs and record on appeal and find that there are genuine issues of material fact existing as to the negligence of the defendant. Accordingly, the summary judgment is reversed and the cause remanded for further [*1039] proceedings. McKay v. Motley, 343 So. 2d 668 (Fla.2d DCA 1977). BOARDMAN, C. J., and OTT, J., concur.…
-
Gen. Ins. Co. OF Fla. & Norman Hammett v. McKEON, 350 So. 2d 1110 (Fla. 3d DCA 1977)…PER CURIAM. Reversed. Cunningham v. Romano, 278 So. 2d 631 (Fla.3d DCA 1973); Proctor & Gamble Distributing Company v. McGlamery, 341 So. 2d 521 (Fla.3d DCA 1976); Mejiah v. Rodriguez, 342 So. 2d 1066 (Fla.3d DCA 1977); McKay v. Motley, 343 So. 2d 668 (Fla.2d DCA 1977); Wills v. Sears, Roebuck & Company, 351 So. 2d 29 (Fla.1977), opinion filed September 8, 1977.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Hoffman v. Jones, 280 So. 2d 431 (Fla. 1973)