VEIGA v. SOUTH CAROLINA INSURANCE COMPANY

No. 72-891.

274 So.2d 10 (1973)

Gladys VEIGA et al., Appellants, v. SOUTH CAROLINA INSURANCE COMPANY et al., Appellees.

District Court of Appeal of Florida, Third District.

March 6, 1973.


Attorney(s) appearing for the Case

Spear & Johnston, Miami Beach, for appellants.

Corlett, Merritt, Killian & Okell, Miami, for appellees.

Before PEARSON, CHARLES CARROLL and HAVERFIELD, JJ.


PER CURIAM.

The plaintiff appealed a summary judgment entered in favor of the defendant in a personal injury action. We find merit in the appeal. The evidence before the court on hearing the motion for summary judgment disclosed the existence of a triable issue as to assumption of risk by the plaintiff which could not properly be determined by summary judgment.

Judgment reversed and cause remanded for further...

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