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BLACKBURN v. DORTA

Nos. 46621, 47621 and 48443.

348 So.2d 287 (1977)

Kevin BLACKBURN, Jr., a Minor, by and through His Father and Next Friend, Kevin Blackburn, Sr., and Kevin Blackburn, Sr., Individually, Petitioners, v. David DORTA, a Minor, by and through His Parent and Natural Guardian, et al., Respondents. LEADERSHIP HOUSING, INC., Petitioner, v. Concetta REA and Frank Rea, Her Husband, Respondents. MAULE INDUSTRIES, INC., a Florida Corporation, Petitioner, v. Raymond C. PARKER, Sr., and Patricia A. Parker, His Wife, Respondents.

Supreme Court of Florida.

Rehearings Denied July 27, 1977.

Attorney(s) appearing for the Case

Ira H. Leesfield, Miami, James D. Little and Larry S. Stewart, Frates, Floyd, Pearson, Stewart, Proenza & Richman, Miami, for petitioners in 46621.

William E. Sadowski, Helliwell, Melrose & DeWolf, Miami, for respondents in 46621.

Frank E. Maloney, Jr., Fleming, O'Bryan & Fleming, Fort Lauderdale, for petitioner in 47621.

James W. Dawson, Fazio, Dawson & Thompson, Fort Lauderdale, for respondents in 47621.

Thomas E. Scott, Jr., Bradford, Williams, McKay, Kimbrell, Hamann & Jennings, Miami, for the Dade County Defense Bar Association, amicus curiae.

Alfred A. Green, Jr., Green, Strasser & Hammond, Daytona Beach, for petitioner in 48443.

Anthony I. Provitola and Michael McDermott, Provitola & McDermott, Deland, for respondents in 48443.

SUNDBERG, Justice.

These three consolidated cases are before the Court under our conflict certiorari jurisdiction as provided by Article V, Section 3(b)(3), Florida Constitution, and Florida Appellate Rule 4.5(b). The District Court of Appeal, Third District, in Dorta v. Blackburn, 302 So.2d 450 (Fla. 3d DCA 1974), found that the doctrine of assumption of risk is still viable as an absolute bar to recovery subsequent to our...

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