Opinion
Nos. 4-86-2952, 4-86-3120.
November 12, 1987.
Consolidated appeals from the Circuit Court for Broward County; George A. Shahood, Judge.
Adam H. Lawrence of Lawrence Daniels, Miami, for appellant.
Howard Silverman and Judith Zakens, Detroit, Mich., and M. Stephen Smith, III, and Wendy Lumish of Rumberger, Wechsler Kirk, Miami, for appellees.
Frances Sprague appeals from an adverse summary judgment entered in favor of Coral Cadillac, Inc., and General Motors Corporation. We reverse.
It is well settled that a court may only enter a summary judgment where there is a complete absence of a genuine issue of material fact. Holl v. Talcott, 191 So.2d 40 (Fla. 1966). In this case, there is a genuine issue of material fact as to whether carbon monoxide poisoning was the proximate cause of Sprague's heart attack.
We conclude that the summary judgment was improper because Coral Cadillac and General Motors failed to demonstrate the complete absence of genuine issues of material fact.
REVERSED AND REMANDED.
DOWNEY and LETTS, JJ., concur.