PADRON v. DiPASQUALE

No. 4-86-1274.

506 So.2d 1179 (1987)

Carmen PADRON, Appellant, v. Michael DiPASQUALE, E.T. DiPasquale and S. DiPasquale, Appellees.

District Court of Appeal of Florida, Fourth District.

May 13, 1987.


Attorney(s) appearing for the Case

Kevan K. Boyles of Boyles and McCarthy, West Palm Beach, for appellant.

Donald L. Brooks of Law Offices of Stephen C. McAliley & Associates, West Palm Beach, for appellees.


PER CURIAM.

Reversed. The appellees sought and obtained a summary judgment against the appellant on her personal injury claim on the sole ground that she had assumed a risk of injury by participating in an attempted purchase of illegal drugs. Assuming the validity of such a defense, which we do not decide as the issue is not before us, we hold that the evidence of her voluntary participation in the episode at the time of her injury was in dispute and precluded the...

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