EDUARDO FERNANDES ACEVEDO
v.
R.J. REYNOLDS TOBACCO COMPANY
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Eduardo Fernandes Acevedo appealed a summary judgment granted in favor of R.J. Reynolds Tobacco Company on strict liability and negligence claims. The Third District Court of Appeal reversed the trial court's order, finding that genuine issues of material fact existed regarding design defect and legal causation that precluded summary judgment.
The trial court erred in granting summary judgment because genuine issues of material fact remained in dispute regarding the existence of a design defect and legal causation. Summary judgment was therefore inappropriate as a matter of law.
[1] Summary judgment is improper in a strict liability or negligence action when genuine issues of material fact exist regarding the existence of a design defect or legal cau…
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Join FLexlaw to unlock all legal intelligenceAcevedo filed suit against R.J. Reynolds Tobacco Company asserting strict liability and negligence claims. The trial court granted summary judgment in…
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Opinion filed February 10, 2021. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D19-998 Lower Tribunal No. 14-28702 ________________
Eduardo Fernandes Acevedo,
Appellant,
vs. R.J. Reynolds Tobacco Company, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Daryl E. Trawick, Judge. Parafinczuk Wolf Susen, P.A., and Justin R. Parafinczuk and Austin Carr (Fort Lauderdale); Burlington & Rockenbach, P.A., and Bard D. Rockenbach and Jeffrey V. Mansell (West Palm Beach), for appellant. King & Spalding LLP, and Scott Michael Edson (Washington, DC) and William L. Durham, II (Atlanta, GA), for appellee R.J. Reynolds Tobacco Company. Before EMAS, C.J., and LOGUE and MILLER, JJ. PER CURIAM.
Eduardo Fernandes Acevedo appeals the trial court’s order granting summary judgment in favor of R.J. Reynolds Tobacco Company on Acevedo’s strict liability and negligence claims. Acevedo contends that R.J.
Reynolds failed to meet its burden under Florida Rule of Civil Procedure 1.510,1 and further contends that genuine issues of material fact preclude summary judgment.
Our standard of review of an order granting summary judgment is de novo, and we review the record in a light most favorable to the non-movant to determine whether there exist genuine issues of material fact that preclude summary judgment. Belanger v. R.J. Reynolds Tobacco Co., 140 So. 3d 598, 599 (Fla. 3d DCA 2014). Upon our careful review of the record, we agree that the trial court erred in granting summary judgment, as genuine 1 We note that the Florida Supreme Court recently amended Florida Rule of Civil Procedure 1.510(c). See In re: Amendments to Florida Rule of Civil Procedure 1.510, No. SC20-1490 (Fla. Dec. 31, 2020). The amendatory language provides:
The summary judgment standard provided for in this rule shall be construed and applied in accordance with the federal summary judgment standard articulated in Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986); and Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986). We do not apply the newly adopted standard to the instant case, however, because the effective date of the amendment to rule 1.510 is May 1, 2021.
issues of material fact remain in dispute regarding the existence of a design defect as well as legal causation.
Reversed and remanded for further proceedings.
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Joleen Greeley v. Walmart Stores E. (Fla. 2d DCA 2022)…nts contradicted her deposition testimony. After a hearing, the trial court granted Walmart's motion to strike and motion for summary judgment. Appellate courts review orders granting summary judgment de novo. Acevedo v. R.J. Reynolds Tobacco Co., 318 So. 3d 593, 593 (Fla. 3d DCA 2021). Although an award of costs is generally reviewed for an abuse of discretion, "to the extent the issues involve statutory construction or the legal determination of whether and what costs may be awarded at all, [the] standar…
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Joleen Greeley v. Walmart Stores E. (Fla. 2d DCA 2022)…nts contradicted her deposition testimony. After a hearing, the trial court granted Walmart's motion to strike and motion for summary judgment. Appellate courts review orders granting summary judgment de novo. Acevedo v. R.J. Reynolds Tobacco Co., 318 So. 3d 593, 593 (Fla. 3d DCA 2021). Although an award of costs is generally reviewed for an abuse of discretion, "to the extent the issues involve statutory construction or the legal determination of whether and what costs may be awarded at all, [the] standar…
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VBK Santoshi, LLC v. Chicago Title Ins. Co. (Fla. 2d DCA 2023)…ntire case as to any party"). VBK Santoshi timely appealed. "Appellate courts review orders granting summary judgment de novo." Greeley v. Wal-Mart Stores E., LP, 337 So. 3d 478, 480 (Fla. 2d DCA 2022) (citing Acevedo v. R.J. Reynolds Tobacco Co., 318 So. 3d 593, 593 (Fla. 3d DCA 2021)). Summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fla. R. Civ. P. 1.510(a). "Genuine disputes are th…
Authorities Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986)
- Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986)
- Matsushita Elec. Indus. Co., Ltd v. Zenith Radio Corp., 475 U.S. 574 (U.S. 1986)
- Belanger v. R.J. Reynolds Tobacco Co., 140 So. 3d 598 (Fla. 3d DCA 2014)