Florida District Courts of Appeal, 1981

Messinger v. A. B. Chance Co.

Messinger v. A. B. Chance Co.
Florida District Courts of Appeal · Decided April 15, 1981 · Anstead, Beranek, Moore
396 So. 2d 1193; 1981 Fla. App. LEXIS 19240 (Southern Reporter, Second Series)

Messinger v. A. B. Chance Co.

Opinion of the Court

PER. CURIAM.

AFFIRMED.

MOORE and BERANEK, JJ., concur. ANSTEAD, J., dissents with opinion.

Dissenting Opinion

ANSTEAD, Judge,

dissenting:

This is an appeal from a summary final judgment entered in favor of Florida Power & Light Company in an action involving the death of appellant’s husband. The trial court found that there was no evidence that Florida Power & Light had breached any duty owed to the deceased. I cannot agree. Upon review of the record I believe that there is an issue of fact as to whether Florida Power & Light Company was completely free of legal responsibility for the accident. Specifically, there is evidence in the record which indicates that Florida Power had knowledge of the activities by the deceased on Florida Power’s easement which required the use of a crane and that subsequently resulted in the accident; and that, notwithstanding this knowledge, Florida Power issued no warnings as to the danger involved and took no other action to prevent the accident. See Florida Power & Light Company v. Barrs, 127 So.2d 896 (Fla.3d DCA 1961).

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