RUIZ v. TARACOMO TOWNHOMES CONDO. ASS'N

Nos. 87-911, 87-1548.

525 So.2d 445 (1988)

Daniel RUIZ and Lucille Higgins, Appellants, v. TARACOMO TOWNHOMES CONDOMINIUM ASSOCIATION, INC. and George Zamry, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 15, 1988.


Attorney(s) appearing for the Case

Jorge A. Duarte; Lawrence & Daniels and Adam Lawrence, Miami, for appellants.

Blackwell, Walker, Fascell & Hoehl and James E. Tribble, Urich & Shenkman and Robert Urich, Miami, for appellees.

Before HUBBART, BASKIN and JORGENSON, JJ.


PER CURIAM.

We affirm the final summary judgments under review because the record conclusively demonstrates that the sole proximate cause of the traffic accident sued upon was the negligence of the "phantom" vehicle in failing to yield the right-of-way, in pulling into the path of the plaintiff Daniel Ruiz, and in forcing the plaintiff Ruiz off the road causing serious injuries to Ruiz.

Assuming, without deciding, that the defendant Taracomo Townhouse Association...

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