Wilensky v. Crazy Horse Tavern, Inc.

Full title: RUTH WILENSKY, APPELLANT, v. CRAZY HORSE TAVERN, INC., ETC., JACKNOB…

Court: District Court of Appeal of Florida, Fourth District

Date published: Jul 25, 1984

453 So. 2d 214 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1867.

July 25, 1984.

Appeal from Circuit Court, Palm Beach County; William C. Williams, III, Judge.

John R. Young of Hamilton, James, Merkle Young, West Palm Beach, for appellant.

Marjorie Gadarian Graham of Jones Foster, P.A., West Palm Beach, for appellee-Epco, Inc.

PER CURIAM.

Affirmed.

DOWNEY and WALDEN, JJ., concur.

ANSTEAD, C.J., dissents with opinion.

ANSTEAD, Chief Judge, dissenting:

Although I agree that summary judgment was proper on appellant's negligence claim, I believe the appellant should have been allowed an opportunity to amend her pleadings to attempt to state a cause of action for breach of warranty and strict liability. See, e.g., New River Yachting Center v. Bacchiocchi, 407 So.2d 607 (Fla. 4th DCA 1981).