Yahrling v. City of Orlando
Yahrling v. City of Orlando
418 So. 2d 451; 1982 Fla. App. LEXIS 28719
(Southern Reporter, Second Series)
Yahrling v. City of Orlando
Opinion of the Court
AFFIRMED.
Dissenting Opinion
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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