EVANS v. J. ROBERTS CONST., INC.

No. 87-0709.

527 So.2d 918 (1988)

William E. EVANS and Barbara Ann Evans, Appellants, v. J. ROBERTS CONSTRUCTION, INC., Etc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

June 29, 1988.


Attorney(s) appearing for the Case

Montgomery, Searcy & Denney, P.A., and Philip M. Burlington of Edna L. Caruso, P.A., West Palm Beach, for appellants.

Janis Brustares Keyser of Reid, Ricca & Rigell, P.A., West Palm Beach, for appellees.


GUNTHER, Judge.

We reverse the summary final judgment in favor of the defendants. We decline to determine whether the fireman's rule applies to the facts of the instant case. Genuine issues of material fact remain as to whether the status of the plaintiff, Mr. Evans, was that of a building inspector or a police officer at the time of the accident resulting in his injury.

REVERSED and REMANDED.

ANSTEAD, J., concurs.

GLICKSTEIN, J., concurs specially...

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