Florida District Courts of Appeal, 1987

Sprague v. Coral Cadillac, Inc.

Sprague v. Coral Cadillac, Inc.
Florida District Courts of Appeal · Decided November 12, 1987 · Downey, Gunther, Letts
515 So. 2d 376; 12 Fla. L. Weekly 2617; 1987 Fla. App. LEXIS 10993 (Southern Reporter, Second Series)

Sprague v. Coral Cadillac, Inc.

Opinion of the Court

GUNTHER, Judge.

Frances Sprague appeals from an adverse summary judgment entered in favor *377of Coral Cadillac, Inc., and General Motors Corporation. We reverse.

It is well settled that a court may only enter a summary judgment where there is a complete absence of a genuine issue of material fact. Holl v. Talcott, 191 So.2d 40 (Fla. 1966). In this case, there is a genuine issue of material fact as to whether carbon monoxide poisoning was the proximate cause of Sprague’s heart attack.

We conclude that the summary judgment was improper because Coral Cadillac and General Motors failed to demonstrate the complete absence of genuine issues of material fact.

REVERSED AND REMANDED.

DOWNEY and LETTS, JJ., concur.

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