FITZSIMMONS v. CITY OF PENSACOLA

No. Y-69.

330 So.2d 756 (1976)

Robert A. FITZSIMMONS, a Minor, by His Father and Next Friend, Thomas A. Fitzsimmons, and Thomas A. Fitzsimmons, Appellants, v. CITY OF PENSACOLA, a Municipal Corporation, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 18, 1976.


Attorney(s) appearing for the Case

R.P. Warfield, of Levin, Warfield, Middlebrooks, Graff, Mabie, Rosenbloum & Magie, Pensacola, for appellants.

Robert P. Gaines, Pensacola, for appellee.


LEE, THOMAS E., Associate Judge.

This cause is before this court on the sole issue of the propriety of the trial court entering a summary judgment in favor of the defendant on the ground there was no genuine issue as to any duty on the part of the defendant to maintain in a safe condition the dock or wharf upon which the minor plaintiff was injured. It is our opinion that the court erred in granting summary judgment.

The pleadings, depositions and oral argument...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases