Florida District Courts of Appeal, 1973

Veiga v. South Carolina Insurance

Veiga v. South Carolina Insurance
Florida District Courts of Appeal · Decided March 6, 1973 · Carroll, Haverfield, Pearson
274 So. 2d 10; 1973 Fla. App. LEXIS 7124 (Southern Reporter, Second Series)

Veiga v. South Carolina Insurance

Opinion of the Court

PER CURIAM.

The plaintiff appealed a summary judgment entered in favor of the defendant in a personal injury action. We find merit in the appeal. The evidence before the court on hearing the motion for summary judgment disclosed the existence of a tria-ble issue as to assumption of risk by the plaintiff which could not properly be determined by summary judgment.

Judgment reversed and cause remanded for further proceedings.

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