Florida District Courts of Appeal, 1982

Yahrling v. City of Orlando

Yahrling v. City of Orlando
Florida District Courts of Appeal · Decided August 25, 1982 · Cobb, Cowart, Dauksch
418 So. 2d 451; 1982 Fla. App. LEXIS 28719 (Southern Reporter, Second Series)

Yahrling v. City of Orlando

Opinion of the Court

PER CURIAM.

AFFIRMED.

COBB and COWART, JJ., concur. DAUKSCH, J., dissents with opinion.

Dissenting Opinion

DAUKSCH, Judge,

dissenting:

I respectfully dissent.

This is an appeal from a summary judgment in a personal injury case and the undisputed facts are that appellant was driving her car along an unfamiliar street in Orlando and as she rounded a curve her car left the roadway and struck a tree, injuring her. There are issues of fact; one of which is whether the city breached a duty to warn of a dangerous curve. Because issues of fact cannot be resolved by summary judgment, I would reverse the same. Wills v. Sears, Roebuck & Company, 351 So.2d 29 (Fla. 1977); Holl v. Talcott, 191 So.2d 40 (Fla. 1966).

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