Dade Cinema Theatre Corp. v. Griffis
Dade Cinema Theatre Corp. v. Griffis
Opinion of the Court
This is a review by petition for a writ of certiorari of an order of the Florida Industrial Commission entered May 19, 1967, which affirmed the order of the deputy commissioner. ' The deputy’s order found that respondent had been injured in an accident arising out of and in the course of respondent’s employment.
Our consideration of the petition, the record, and briefs, together with oral argument heard, leads to the conclusion that the petition for certiorari should be and is hereby denied.
Attorney’s fee in the amount of $350 is awarded to claimant’s attorney.
It is so ordered.
Dissenting Opinion
dissenting:
I dissent.
The “logic and reason” rule
If the logic and reason of the above seems obscure, his next action may be characterized as nothing short of ridiculous. He carefully removed his shoes, trousers and jacket, hung the garments by the stairwell, and again sat on the protective wall, from which he said he tried to reach the crevice four or five feet below him, and, in doing so, fell forty-five feet to the ground. When found thirty minutes later he smelled heavily of alcohol.
To say the claim is supported by evidence comporting with logic and reason taxes both imagination and credulity.
. United States Casualty Co. v. Maryland Casualty Co., 55 So.2d 741 (Fla. 1951).
Reference
- Full Case Name
- DADE CINEMA THEATRE CORP. and Consolidated Mutual Insurance Company v. James H. GRIFFIS and the Florida Industrial Commission
- Status
- Published