Florida District Courts of Appeal, 1976

Hambrick v. Jackson

Hambrick v. Jackson
Florida District Courts of Appeal · Decided June 10, 1976 · Boyer, Crews, John, Rawls
333 So. 2d 96; 1976 Fla. App. LEXIS 14509 (Southern Reporter, Second Series)

Hambrick v. Jackson

Opinion of the Court

PER CURIAM

The only point on appeal that merits discussion is appellants’ contention that the trial court erred in refusing to instruct the jury as to the defense of assumption of risk. Our sister court has held that the doctrine of assumption of risk is a valid defense. Dorta v. Blackburn, 302 So.2d 450 (Fla.App. 3rd, 1974). This court held to the contrary in Parker v. Maule Industries, Inc., 321 So.2d 106 (Fla.App. 1st, 1975), and, of course, we are bound by our own precedent.

This case was argued on November 18, 1975. We delayed disposition with the expectation that the Florida Supreme Court would resolve the conflict, however, as of this date, we have not been enlightened by that court. It is time to dispose of the matter.

The judgment appealed is AFFIRMED.

RAWLS, J., and CREWS, JOHN J., JR., Associate Judge, concur. BOYER, C. J., specially concurs.

Concurring Opinion

BOYER, Chief Judge

(concurring specially) .

I am yet of the view expressed in my dissenting opinion in Parker v. Maule In*97dustries, Inc., cited above. However, a majority of a panel of this Court having held contra, in deference to the doctrine of stare decisis and stability of the law in this District, I concur in affirmance.

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