HERBERT B. HARRISON AND ALICE HARRISON, PLAINTIFFS-APPELLANTS,
v.
HOLIDAY INNS, INC., ET AL., DEFENDANTS-APPELLEES
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The court held that the affirmative defense of implied assumption of risk is merged into the defense of contributory negligence, and comparative negligence principles apply.
The trial court granted summary judgment for defendants, holding that assumption of risk was a complete bar to recovery. This decision was based on pr…
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PER CURIAM:
The instant case raised questions regarding the continued vitality of the doctrine of assumption of risk in the State of Florida. The trial court granted defendants’ motions for summary judgment holding, inter alia, that the defense of assumption of risk was still viable as a complete bar to recovery.
On May 5, 1977, the Supreme Court of Florida for the first time expressly resolved this issue,1 holding that:
[ T]he affirmative defense of implied assumption of risk is merged into the defense of contributory negligence and the principles of comparative negligence enunciated in Hoffman v. Jones [280 So. 2d 431 (Fla.1973)] shall apply in all cases where such defense is asserted. Blackburn v. Dorta, 348 So. 2d 287 (Fla. 1977).
Accordingly, the final judgment is VACATED and this case is REMANDED to the trial court for proceedings in light of Blackburn v. Dorta, supra.
VACATED and REMANDED.
. The issue was before the Court under its conflict certiorari jurisdiction. Among the cases consolidated for review was Dorta v. Blackburn, 302 So. 2d 450 (Fla.3d DCA 1974), the case relied upon by the trial court herein.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hoffman v. Jones, 280 So. 2d 431 (Fla. 1973)
- Blackburn v. Dorta, 348 So. 2d 287 (Fla. 1977)
- Premix-Marbeltite Sales Co., Inc. v. McRAE Plastering, Inc., 302 So. 2d 450 (Fla. 3d DCA 1974)