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Burks v. Grundman

District Court of Appeal of Florida, Third District
Sep 14, 1966
189 So. 2d 511 (Fla. Dist. Ct. App. 1966)

Opinion

No. 66-20.

July 19, 1966. Rehearing Denied September 14, 1966.

Appeal from the Circuit Court for Dade County, Byrd V. Duke, Jr., J.

James J. McVeigh, Miami, for appellant.

Dean Adams and George E. Bunnell, Miami, for appellee.

Before HENDRY, C.J., and PEARSON and BARKDULL, JJ.


The plaintiff appeals a summary final judgment in an action brought against an automobile driver for injuries received by the plaintiff when plaintiff, a pedestrian, was struck by defendant's car. Appellant urges that the trial judge erred in entering the summary judgment because the appellant was entitled to the benefit of the doctrine of last clear chance.

Appellant was struck when he ran, or walked rapidly, across an open highway on a dark night, in an unlighted area. The record reveals without genuine issue that the appellee did not see the appellant in sufficient time to avoid striking him. We find no testimony which would substantiate appellant's allegation that the appellee, driver, should have seen appellant in sufficient time to realize his peril and take action to avoid striking him.

The summary final judgment is affirmed upon authority of the rule stated in Douglas v. Hackney, Fla. 1961, 133 So.2d 301; Green v. Loudermilk, Fla.App. 1962, 146 So.2d 601; Wilde v. Kelly, Fla.App. 1964, 160 So.2d 713.

Appellant's points directed to the use of appellant's deposition, and the assessment of costs do not present reversible error.

Affirmed.


Summaries of

Burks v. Grundman

District Court of Appeal of Florida, Third District
Sep 14, 1966
189 So. 2d 511 (Fla. Dist. Ct. App. 1966)
Case details for

Burks v. Grundman

Case Details

Full title:WILBURT BURKS, APPELLANT, v. CATHERINE VIRGINIA GRUNDMAN, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Sep 14, 1966

Citations

189 So. 2d 511 (Fla. Dist. Ct. App. 1966)

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