BOTTE v. POMEROY

Nos. 82-367, 83-463.

438 So.2d 544 (1983)

Robert BOTTE, Appellant, v. Robert B. POMEROY, D/B/a South Seas Apartments; and St. Paul Mercury Insurance Co., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 31, 1983.


Attorney(s) appearing for the Case

Elizabeth K. Clarke of Daniels & Hicks; Goldstein Professional Association, Miami, for appellant.

Richard A. Sherman, and Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, Miami, for appellees.


LETTS, Judge.

This appeal is a consequence of a summary judgment granted in favor of a good samaritan which we must reverse.

The record strongly suggests that the injured party's accident was self-inflicted as a result of excessive use of alcohol and drugs. Around 5:00 A.M. after extended carousing he ventured outside, fell down and passed out. Later while lying on the ground, he yelled for help and awoke the good samaritan

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