Florida District Courts of Appeal, 1963

Lake v. Stiegler

Lake v. Stiegler
Florida District Courts of Appeal · Decided October 15, 1963 · Barkdull, Hendry, Horton
156 So. 2d 785 (Southern Reporter, Second Series)

Lake v. Stiegler

Opinion of the Court

PER CURIAM.

The appellant, plaintiff in the trial court, appeals an adverse summary judgment, contending that there was a material issue of fact to be presented to the jury as to whether or not the appellee negligently operated a motor vehicle under his control.

An examination of the record fails to demonstrate that the appellee acted other than as a reasonable person under the emergency circumstances created by the appellant-driver. Therefore, no error has been made to appear in the entry of the summary judgment. See: Harper v. Mangel, Fla.App.1963, 151 So.2d 346.

Affirmed.

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