BIGLEN v. FLORIDA POWER & LIGHT CO.

No. 4D04-1214.

910 So.2d 405 (2005)

Michael BIGLEN, Appellant, v. FLORIDA POWER & LIGHT COMPANY, Warr Properties, L.L.C., American Aerial Lift, Inc., a Florida corporation, Prime Service, Inc., a Delaware corporation, authorized to do business in the State of Florida, and Town of Davie, a political subdivision of the State of Florida, Appellees.

District Court of Appeal of Florida, Fourth District.

September 21, 2005.


Attorney(s) appearing for the Case

David B. Pakula of David B. Pakula, P.A., Pembroke Pines, and D. Fredrico Fazio of Fazio, DiSalvo, Cannon, Abers, Podrecca, Fazio & Carroll, Fort Lauderdale, for appellant.

E. Bruce Johnson and Tamara M. Scrudders of Johnson, Anselmo, Murdoch, Burke, Piper & McDuff, P.A., Fort Lauderdale, for appellee Florida Power & Light Company.

David M. McDonald of McLuskey & McDonald, Miami, for appellee Warr Properties, L.L.C.


GROSS, J.

Michael Biglen, the plaintiff in a negligence case in the circuit court, appeals a summary final judgment entered in favor of Florida Power & Light Company. We affirm, because FP & L owed no legal duty to Biglen under the circumstances of his accident, so that his negligence action must fail.

On August 30, 2000, Biglen was injured while operating a Trailblazer 40, an aerial lift machine, that came into contact with an overhead power line...

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