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HARRISON v. HOLIDAY INNS, INC.

No. 75-2921.

554 F.2d 259 (1977)

Herbert B. HARRISON and Alice Harrison, Plaintiffs-Appellants, v. HOLIDAY INNS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 27, 1977.

Attorney(s) appearing for the Case

Donald P. Bogard, Indianapolis, Ind., John E. Roberts, Marianna, Fla., for plaintiffs-appellants.

Julius F. Parker, Jr., Tallahassee, Fla., for Holiday Inn and Wilson.

James C. Truett, Tallahassee, Fla., Richard Smoak, Panama City, Fla., for Gulf States Enterprises and Rogers.

Before JONES, COLEMAN and TJOFLAT, Circuit Judges.

PER CURIAM:

The instant case raised questions regarding the continued vitality of the doctrine of assumption of risk in the State of Florida. The trial court granted defendants' motions for summary judgment holding, inter alia, that the defense of assumption of risk was still viable as a complete bar to recovery.

On May 5, 1977, the Supreme Court of Florida for the first time expressly resolved this issue,1 holding that...

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