Florida District Courts of Appeal, 1988

Ball v. Struthers Excavating, Inc.

Ball v. Struthers Excavating, Inc.
Florida District Courts of Appeal · Decided November 16, 1988 · Campbell, Frank, Scheb
533 So. 2d 919; 13 Fla. L. Weekly 2547; 1988 Fla. App. LEXIS 5058; 1988 WL 122456 (Southern Reporter, Second Series)

Ball v. Struthers Excavating, Inc.

Opinion of the Court

PER CURIAM.

A thorough consideration of the record on appeal, the briefs, and the oral argument convinces us that in this negligence action we must reverse the summary final judgment entered in favor of Struthers Excavating, Inc. The record is rife with factual issues foreclosing the propriety of a summary determination that any negligence by Struthers was excused by an independent, intervening cause of the decedent’s death.

Accordingly, we reverse the summary judgment and remand for further proceedings.

CAMPBELL, C.J., and SCHEB and FRANK, JJ., concur.

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