INDEMNITY INSURANCE CO. OF NORTH AMERICA, APPELLANT,

v.

BOARD OF PUBLIC INSTRUCTION OF BROWARD COUNTY ET AL., APPELLEES

Citator

Cited By

• Stirling v. Sapp, 229 So. 2d 850 (Fla. 1969)
  …t is or what is not negligence in a particular case where there are disputes or conflicts in the testimony, 18 F.L.P., Negligence, § 37, or where the facts are such that reasonable persons may fairly arrive at different conclusions. Rofer v. Jensen, 141 So. 2d 791 (Fla.App.2d 1962); Sandford v. Firestone Tire & Rubber Co., 139 So. 2d 916 (Fla. App.2d 1962). Where the facts are undisputed and the evidence is reasonably susceptible of but a single inference, the question of defendant’s negligence or plaintiff’…
• Beikirch v. City OF Jacksonville Beach, 159 So. 2d 898 (Fla. 1st DCA 1964)
  …ce, ‘doubt * * * should always be resolved in favor of a jury trial.’ Bess v. 17545 Collins Ave., Inc., Fla.1957, 98 So. 2d 490, 492.” The District Court of Appeal, Second District of Florida, recognized the same [*901] doctrine in Rofer v. Jensen, 141 So. 2d 791 (1962), saying: “ * * * The general rule, of course, is that issues of negligence or contributory negligence are to be determined by the jury and ordinarily should not be disposed of by the Court in a peremptory manner. Where the facts are such tha…
• Seibels v. Giddings, 264 So. 2d 103 (Fla. 3d DCA 1972)
  …testimony would have placed the speed of the decedent’s motorcycle at between 53 to 60 miles per hour at the time of impact. Ordinarily, the question of contributory negligence is a matter for a jury’s determination. Rofer v. Jensen, Fla.App.1962, 141 So. 2d 791; Musachia v. Rosman, Fla.App.1966, 190 So. 2d 47; Greer v. Thweatt, Fla.App.1967, 202 So. 2d 574; Lopez v. Deatrick Leasing Corporation, Fla.App.1970, 237 So. 2d 284. And, if there is any evidence that tends to support a defense of contributory negl…

Authorities Cited

• Indem. Ins. Co. of N. Am. v. The Brooks-Fisher Insulating Co., 140 So. 2d 613 (Fla. 2d DCA 1962)