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DEL RISCO v. JEM CONSTRUCTION CORP

District Court of Appeal of Florida, Third District
Jul 9, 1984
452 So. 2d 54 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1037.

May 22, 1984. Rehearing Denied July 9, 1984.

Appeal from Circuit Court, Dade County; Rhea Pincus Grossman, Judge.

Walton, Lantaff, Schroeder Carson and Kathleen M. O'Connor and George Chesrow, Miami, for appellants.

Underwood, Gillis, Karcher Valle; Rick Wingate, Kathleen V. McCarthy; Marlow, Shofi, Ortmayer, Smith, Connell Valerius and Joseph H. Lowe, Miami, for appellees.

Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.


We affirm the granting of the defendants' motions for summary judgment by the trial court upon a holding that the plaintiff's injury was proximately caused by the unforeseeable intervening actions of a third party and the plaintiff. These intervening causes led to the highly unusual event which resulted in the plaintiff's injury. See Stahl v. Metropolitan Dade County, 438 So.2d 14 (Fla. 3d DCA 1983); Fellows v. Citizens Federal Savings Loan Association of St. Lucie County, 383 So.2d 1140 (Fla. 4th DCA 1980); Pope v. Cruise Boat Co., Inc., 380 So.2d 1151 (Fla. 3d DCA 1980); see also Gibson v. Avis Rent-A-Car System, Inc., 386 So.2d 520 (Fla. 1980) (when some separate force or action is the intervening cause of the damages suffered by another a negligent person is not liable). We therefore do not reach the issue of the liability of the adjacent landowner or his agents.

Affirmed.


Summaries of

DEL RISCO v. JEM CONSTRUCTION CORP

District Court of Appeal of Florida, Third District
Jul 9, 1984
452 So. 2d 54 (Fla. Dist. Ct. App. 1984)
Case details for

DEL RISCO v. JEM CONSTRUCTION CORP

Case Details

Full title:FRANCISCO DEL RISCO AND MIRTA R. DEL RISCO, APPELLANTS, v. JEM…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 9, 1984

Citations

452 So. 2d 54 (Fla. Dist. Ct. App. 1984)

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