PERIERA v. FLORIDA POWER & LIGHT CO.

No. 95-2390.

680 So.2d 617 (1996)

Edward PERIERA, Appellant, v. FLORIDA POWER & LIGHT COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

October 9, 1996.


Attorney(s) appearing for the Case

Scott A. Mager and Carl F. Schoeppl of Mager & Associates, P.A., Fort Lauderdale, for appellant.

Cheryl Kempf, North Palm Beach, for appellee.


KLEIN, Judge.

Plaintiff was riding a motorcycle on a bike path at night, when he struck a guy wire of an FP & L pole and was injured. The trial court granted FP & L's motion for summary judgment, reasoning that because operating a motorcycle on a bike path is prohibited by statute, FP & L had no duty to plaintiff. We reverse.

We initially dispose of plaintiff's argument raised in his first point, which is that the summary judgment was premature...

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