JACKIE E. BROOKS AND INSURANCE COMPANY OF NORTH AMERICA, APPELLANTS,
v.
JOSE M. BOLANOS AND ESTERIA BOLANOS, HIS WIFE, APPELLEES
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RYDER, Judge.
In this automobile negligence action for damages arising out of a collision in which the car driven by appellant Brooks struck the rear of the car driven by appellee Bola-nos, the trial court entered an order granting partial summary judgment on liability in favor of appellees/plaintiffs and against appellants/defendants. The trial court found that there were no material issues of fact; the sole proximate cause of the accident was the negligence of appellant Brooks; and there was no evidence of negligence on the part of appellee Bolanos. We reverse.
It cannot be said that appellees met their “. . . burden of showing conclusively that genuine issues of material fact do not exist.” Holl v. Talcott, 191 So. 2d 40, 47 (Fla.1966). See also Tamiami Builders, Inc. v. Smith, 305 So. 2d 58 (Fla.2d DCA 1974). On the contrary, the record herein reveals the presence of issues of material fact regarding the negligence of the respective parties sufficient to preclude the entry of partial summary judgment for appellees.
Accordingly, the order granting partial summary judgment is hereby reversed and the cause is remanded for further proceedings not inconsistent herewith.
SCHEB, Acting C. J., and DANAHY, J., concur.
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Stewart v. I.B. Price, M.D., 718 So. 2d 205 (Fla. 1st DCA 1998)…ional even though it provided no general right of recovery to adult non-dependent children of persons subject to wrongful death of any cause. Henderson v. Insurance Co. of North America, 347 So. 2d 690 (Fla. 4th DCA 1977); and Capiello v. Goodnight, 357 So. 2d 225 (Fla. 2d DCA 1978). We find no constitutional barrier to the legislature’s subsequent limited grant of the right to recover damages for pain and suffering to adult, non-dependent children. The legislature’s choice to exclude from such right adult ch…
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- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Tamiami Builders, Inc. v. Louis P. Smith & the Lumbermens Mut. Ins. Co., 305 So. 2d 58 (Fla. 2d DCA 1974)