ROBBINS v. DEPT. OF NATURAL RESOURCES

No. AZ-141.

468 So.2d 1041 (1985)

Joe David ROBBINS, Appellant, v. DEPARTMENT OF NATURAL RESOURCES, State of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 7, 1985.


Attorney(s) appearing for the Case

Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, Miami; and Wagner, Cunningham, Vaughan & McLaughlin, Tampa, for appellant.

Jerrold K. Phillips of Brooks, Callahan & Phillips, Tallahassee, for appellee.


NIMMONS, Judge.

The genesis of this case was an unfortunate incident in July 1976 in which the then 18-year-old plaintiff/appellant was paralyzed as a result of a shallow water dive at a public swimming area at Wekiva Springs State Park near Orlando operated by the appellee, Department of Natural Resources of the State of Florida (hereafter "DNR"). The trial court granted summary judgment in favor of DNR on the ground of express assumption of risk. We agree with appellant...

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