Baldwin v. Tietbohl

District Court of Appeal of Florida

Baldwin v. Tietbohl

422 So. 2d 82, 1982 Fla. App. LEXIS 21631

CourtDistrict Court of Appeal of Florida

DecidedNovember 19, 1982

DocketNo. 82-159

StatusPublished

This text of 422 So. 2d 82 (Baldwin v. Tietbohl) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Baldwin v. Tietbohl, 422 So. 2d 82, 1982 Fla. App. LEXIS 21631 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

Although appellee was proceeding on a “through” street and did not see appellant who was proceeding on an intersecting “stop sign” street until appellant’s vehicle was directly in front of appellee’s vehicle, this does not conclusively establish an absence of appellee’s contributory negligence on motion for summary judgment. The issue of appellee’s contributory negligence, if any, is one of fact under all the facts and circumstances. See U.S. Fire Insurance Co. v. Progressive Casualty Insurance Co., 362 So.2d 414 (Fla. 2d DCA 1978).

Accordingly, the final summary judgment is REVERSED and the cause is REMANDED for further proceedings consistent with this opinion.

OTT, C.J., and HOBSON and DANAHY, JJ., concur.

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PER CURIAM.

Although appellee was proceeding on a “through” street and did not see appellant who was proceeding on an intersecting “stop sign” street until appellant’s vehicle was directly in front of appellee’s vehicle, this does not conclusively establish an absence of appellee’s contributory negligence on motion for summary judgment. The issue of appellee’s contributory negligence, if any, is one of fact under all the facts and circumstances. See U.S. Fire Insurance Co. v. Progressive Casualty Insurance Co., 362 So.2d 414 (Fla. 2d DCA 1978).

Accordingly, the final summary judgment is REVERSED and the cause is REMANDED for further proceedings consistent with this opinion.

OTT, C.J., and HOBSON and DANAHY, JJ., concur.

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422 So. 2d 82, 1982 Fla. App. LEXIS 21631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baldwin-v-tietbohl-fladistctapp-1982.

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