MILLS v. CONE BROTHERS CONTRACTING COMPANY

No. 71-886.

265 So.2d 739 (1972)

Shirley Raiford MILLS, Appellant, v. CONE BROTHERS CONTRACTING COMPANY, Appellee.

District Court of Appeal of Florida, Second District.

August 25, 1972.


Attorney(s) appearing for the Case

Thomas A. Capelle, of Hardee, Hamilton, Douglas & Sierra, Tampa, for appellant.

Stephen F. Myers, of Shackleford, Farrior, Stallings & Evans, Tampa, for appellee.


McNULTY, Judge.

This appeal is brought by Shirley Mills, plaintiff below, from an order granting a partial summary judgment eliminating her claim for punitive damages in her negligence action against appellee, Cone Brothers Contracting Company. We agree with appellant's contention that there was a jury question as to liability for punitive damages and, therefore, must reverse.

The rule with regard to summary judgments concerning punitive damages is no different...

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