ERIC JENKINS, BY HIS GUARDIAN AND NEXT FRIEND, FREDERICK JENKINS, AND FREDERICK JENKINS, INDIVIDUALLY, APPELLANTS,
v.
J. I. CASE COMPANY, A FOREIGN CORPORATION, AND DADELAND FARM & GARDEN SUPPLY, A FLORIDA CORPORATION, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Summary judgments are improper when the moving party has not demonstrated the absence of genuine issues of material fact.
A minor was injured when a riding lawnmower backed over his foot. The manufacturer and dealer of the lawnmower were sued.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Genuine Issue Of Material Fact cases and more on FLexlaw
[*235] PER CURIAM.
These consolidated appeals question the correctness of the summary final judgments rendered in favor of the appellees in actions arising from injuries sustained by appellant Eric Jenkins, a minor, when a riding lawnmower was backed over his foot. Appellee J. I. Case Company was the manufacturer of the lawnmower and appellee Dadeland Farm & Garden Supply was the dealer which sold the machine to the user. The record on appeal discloses that appel-lees have not carried their burden of showing that there is no genuine issue of material fact and that the movants are entitled to judgment as a matter of law.
In Fletcher Co. v. Melroe Manufacturing Co., 261 So. 2d 191 (Fla. 1st DCA 1972) it was pointed out:
“When reviewing the propriety of a summary judgment, the classic inquiry is whether or not there remains any genuine issue of material fact. If issues of fact exist and the slightest doubt remains, a summary judgment cannot be granted. And, of course, all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party.”
For these reasons the summary final judgments appealed are reversed.
Reversed and remanded for further proceedings.