GIBBS v. HERNANDEZ

No. 4D01-1171.

810 So.2d 1034 (2002)

Vincent GIBBS, Appellant, v. John Philip HERNANDEZ, Triple R Paving, Inc. and Freedom Pipeline Corp., Appellees.

District Court of Appeal of Florida, Fourth District.

March 13, 2002.


Attorney(s) appearing for the Case

Arnold R. Ginsberg of Ginsberg & Schwartz, Miami, and Lekach, Klitzner & Ansel, Hollywood, for appellant.

Brian P. Knight and Hinda Klein of Conroy, Simberg, Ganon, Krevans & Abel, P.A., Hollywood, for appellee Freedom Pipeline Corp.


WARNER, J.

This appeal arises from a final summary judgment for a defendant in a negligence action filed by appellant for injuries sustained when his motorcycle was struck by an oncoming car at an intersection which was under construction. The trial court found that appellant's negligence was an intervening cause absolving appellee Freedom Pipeline Corp. from liability. Because this was an issue of fact for the trier of fact, we reverse.

Triple R Paving, Inc...

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