Amador ex rel. Amador v. Valdez

Florida District Courts of Appeal
Amador ex rel. Amador v. Valdez, 561 So. 2d 423 (1990)
1990 Fla. App. LEXIS 3334; 1990 WL 62865
Cope, Ferguson, Gersten

Amador ex rel. Amador v. Valdez

Opinion of the Court

PER CURIAM.

Appellant, Eric Amador, a minor, appeals a final summary judgment in favor of ap-pellees, Mario Valdez and Reina Valdez, on appellant’s action for negligence. We affirm.

Appellant sought to recover damages for a personal injury allegedly sustained when he fell on his grandparent’s lawn. Most certainly the child fell and sustained an injury. However, the fact that he fell, without more, is insufficient to sustain an action for negligence. We find no material issues of fact, and therefore find that summary judgment was proper. See Moore v. Morris, 475 So.2d 666 (Fla. 1985).

Appellant’s other issue concerning the trial court’s setting aside the default is without merit. Here, the trial court was well inside the parameters of judicial discretion. See Cabral v. Diversified Services, Inc., 560 So.2d 246 (Fla. 3d DCA 1990).

Affirmed.

Reference

Full Case Name
Eric AMADOR, a minor By and Through Simon AMADOR, his natural father v. Mario VALDEZ and Reina Valdez
Cited By
1 case
Status
Published