FRANCES SPRAGUE, APPELLANT,
v.
CORAL CADILLAC, INC., AND GENERAL MOTORS CORPORATION, APPELLEES
FRANCES SPRAGUE, APPELLANT,
CORAL CADILLAC, INC., AND GENERAL MOTORS CORPORATION, APPELLEES
515 So. 2d 376
Florida District Court of Appeal, Fourth District (1987)
Positive Treatment
Cited by 2 cases
Opinion of the Court
GUNTHER, Judge.
Frances Sprague appeals from an adverse summary judgment entered in favor of 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Howard v. Dep't OF Health & Rehab. Servs., Inc., 541 So. 2d 117 (Fla. 3d DCA 1989)…the purpose of a summary judgment, that the defendant has demonstrated conclusively the nonexistence of a material dispute on the issue of proximate causation. Glotzer v. Moselle, 515 So. 2d 375 (Fla. 4th DCA 1987); Sprague v. Coral Cadillac, Inc., 515 So. 2d 376 (Fla. 4th DCA 1987); Fleischman v. Perez, 491 So. 2d 1191 (Fla. 3d DCA 1986). A trial court may not weigh contradictory depositions or affidavits on matters of fact in entering a summary judgment. REVERSED AND REMANDED.…
Authorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)