STANTON W. MEAD AND MRS. RAY W. HESLOP, APPELLANTS,
v.
JOHN MURRELL, ET AL., APPELLEES

Fla. 3d DCA | 1977-12-07
No. 77-834
Before PEARSON, HUBBART and KE-HOE, JJ.
353 So. 2d 864 Florida District Court of Appeal, Third District (1977) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant’s petition for rehearing is granted and the order appealed from reversed on the authority of Ohio Casualty Group v. Parrish, 350 So. 2d 466 (Fla.1977), quashing 338 So. 2d 910 (Fla. 3d DCA 1976). The cause is remanded for further proceedings, and the opinion filed on October 11, 1977 is hereby vacated and withdrawn.


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  • Mateus Da Cunha dos Santos v. Ajax Navigation Corp., 531 So. 2d 231 (Fla. 3d DCA 1988)
    …93 F. 2d 17. In a Jones Act case a simple showing of some negligence on the part of the employer coupled by direct or circumstantial evidence to the injury sustained by the employee creates a jury question. Trochez v. Holland-American Cruise Lines, 353 So. 2d 864 (Fla. 3d DCA 1977). In Solano v. Carnival Cruise Lines, Inc., 491 So. 2d 325, 325-26 (Fla. 3d DCA 1986), we reversed a directed verdict and held that the injured seaman had presented a prima facie case under the Jones Act and for unseaworthiness:…
  • Lane v. Tripp, 788 So. 2d 351 (Fla. 3d DCA 2001)
    …rial court erred in entering summary judgment on his Jones Act negligence claim. We agree. In a Jones Act negligence case, the movant for summary judgment bears a more onerous burden than in other cases. See Trochez v. Holland-American Cruise Lines, 353 So. 2d 864 (Fla. 3d DCA 1977). There must be a complete absence of probative facts to support a claim of negligence before the court can grant summary judgment. Dos Santos v. Ajax Nav. Corp., 531 So. 2d 231 (Fla. 3d DCA 1988) (“In a Jones Act case a simple sho…

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