JAMES MCDONALD, APPELLANT,
v.
GREAT ATLANTIC & PACIFIC TEA CO., OPERATORS OF A & P FOOD STORES, MORRIS S. BURK AND ASTOR ELECTRIC SERVICE, INC., APPELLEES
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This case involves a personal injury lawsuit where the plaintiff, a construction worker, appealed a summary judgment granted to the defendant, an electrical contractor. The appellate court affirmed the summary judgment, finding the plaintiff contributorily negligent as a matter of law.
Yes, the plaintiff was contributorily negligent as a matter of law, and therefore, the summary judgment for the defendant was appropriate.
“After indulging in every reasonable presumption for the party against whom summary judgment was sought it conclusively appeared from the facts which were established without material issue that the plaintiff was guilty of contributory negligence as a matter of law.”
This quote explains the court's conclusion that the plaintiff's own actions barred his claim.
The plaintiff was a workman on a construction crew remodeling a warehouse. The defendant, Astor Electric Service, Inc., was the electrical contractor …
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The plaintiff in a personal injury action .appeals from a summary final judgment for the defendant. The plaintiff was a workman in a construction crew remodeling a warehouse and the defendant, Astor Electric Service, Inc., was the electrical contractor upon the job. The defendant’s motion for summary judgment came on to be heard upon the complaint, answer and the deposition of the plaintiff. The plaintiff relied upon his deposition and defendant’s answers to interrogatories. After indulging in every reasonable presumption for the party against whom summary judgment was sought it conclusively appeared from the facts which were established without material issue that the plaintiff was guilty of contributory negligence as a matter of law. See Jacobs v. Claughton, Fla.App. 1957, 97 So.2d 53; Kagan v. Eisenstadt, Fla.App.1957, 98 So.2d 370; Andrews v. Goetz, Fla.App.1958, 104 So.2d 653.
Affirmed.
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
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Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kagan v. Eisenstadt, 98 So. 2d 370 (Fla. 3d DCA 1957)
- Gertrude Jacobs and Charles Jacobs v. Claughton, 97 So. 2d 53 (Fla. 3d DCA 1957)
- Andrews v. Goetz, 104 So. 2d 653 (Fla. 1st DCA 1958)