Opinion
No. 78-763.
February 13, 1979. Rehearing Denied March 16, 1979.
Appeal from the Circuit Court, Dade County, Milton A. Friedman, J.
Cohen Cohen, Miami Beach, Kuvin, Klingensmith Lewis and R. Fred Lewis, Coconut Grove, for appellants.
Talburt, Kubicki Bradley and Betsy E. Hartley, Miami, for appellees.
Before PEARSON, KEHOE and SCHWARTZ, JJ.
The minor plaintiff was a pedestrian struck by an automobile driven by the defendant Rosenblatt. We reverse the summary judgment entered below for the defendants because the movants did not conclusively establish either the non-existence of any genuine issue concerning the driver's negligence and legal cause, or that the plaintiff's conduct was the sole proximate cause of the accident. Proctor Gamble Distributing Co. v. McGlamery, 341 So.2d 521 (Fla. 3d DCA 1976); Cunningham v. Romano, 278 So.2d 631 (Fla. 3d DCA 1973), cert. denied, 285 So.2d 19 (Fla. 1973); Basden v. Lowery, 182 So.2d 265 (Fla. 3d DCA 1966). Since the case is governed by the principle of comparative negligence, our determination to this effect requires that the issue of the defendants' liability be submitted to a jury. Wills v. Sears, Roebuck Co., 351 So.2d 29 (Fla. 1977); Petroleum Carrier Corp. v. Gates, 330 So.2d 751 (Fla. 1st DCA 1976).
Reversed and remanded.