ROY OTERO, ET AL.
v.
THE AMERICAN AUTOMOBILE ASSOCIATION (INCORPORATED) AND AUTO CLUB GROUP, INC.
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Duty in a negligence action is a threshold legal question for the court to decide as a matter of law, not a factual question for the jury.
[1] The duty element of negligence is a threshold legal question to be determined by the court as a matter of law, not a factual question for the jury; if no legal duty exist…
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Join FLexlaw to unlock all legal intelligence“[D]uty exists as a matter of law and is not a factual question for the jury to decide.”
Citation to McCain v. Fla. Power Corp., 593 So. 2d 500, 503 (Fla. 1992)
Roy Otero and others appealed a circuit court decision in Miami-Dade County involving claims against The American Automobile Association (Incorporated…
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Third District Court of Appeal State of Florida Opinion filed March 6, 2024. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D23-0308 Lower Tribunal No. 22-950 ________________ Roy Otero, et al., Appellants, vs. The American Automobile Association (Incorporated) and Auto Club Group, Inc., Appellees. An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge. Panter, Panter & Sampedro, P.A., Joshua L. Wintle, and David Sampedro, for appellants. Milber, Makris, Plousadis & Seiden, LLP, Crystal L. Arocha, and Michael J. Lynott, for appellees. Before LOGUE, C.J., and FERNANDEZ and LINDSEY, JJ.
PER CURIAM.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- McCAIN v. Fla. Power Corp., 593 So. 2d 500 (Fla. 1992)
- Jenkins v. W.L. Roberts, Inc., 851 So. 2d 781 (Fla. 1st DCA 2003)