JULIUS EUGENE SANDUSKY, APPELLANT,
v.
FLORIDA POWER & LIGHT CO., A FLORIDA CORPORATION, APPELLEE
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This case involves an appeal from a summary judgment granted to the defendant, Florida Power & Light Co. The plaintiff, an employee of an independent contractor, was injured when a newly installed pole fell as he was climbing it. The appellate court affirmed the summary judgment, finding no genuine issue of material fact.
Yes, the entry of summary judgment for the defendant was proper because there was no genuine issue of material fact to be submitted to a jury.
“there is no genuine issue of material fact to be submitted to a jury”
This quote reflects the trial judge's finding that justified the granting of summary judgment.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, an employee of an independent contractor, was injured when he jumped from a pole that was being erected by his employer. The pole fell …
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The plaintiff appeals from a summary judgment for the defendant. The action was for personal injuries, against the Florida Power & Light Co., by an employee of an independent contractor. The latter was engaged in erecting a new pole line. Approximately two weeks after a pole was installed by plaintiff’s employer, he climbed the pole to make certain installations thereon. As the pole started to fall he jumped and was injured. On defendant’s motion for summary judgment and the evidentiary matter submitted for and against the motion the trial judge found “there is no genuine issue of material fact to be submitted to a jury,” granted the motion for summary judgment and dismissed the cause. In so holding the trial judge was eminently correct. We have considered the arguments advanced by appellant in support of his contention that the entry of the summary judgment was error, and have concluded they are without merit.
Affirmed.