Bohlen v. Shaw

District Court of Appeal of Florida

Bohlen v. Shaw

445 So. 2d 714, 1984 Fla. App. LEXIS 11967

CourtDistrict Court of Appeal of Florida

DecidedFebruary 29, 1984

DocketNos. 83-553, 83-554

StatusPublished

This text of 445 So. 2d 714 (Bohlen v. Shaw) 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.

Bluebook

Bohlen v. Shaw, 445 So. 2d 714, 1984 Fla. App. LEXIS 11967 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

Judith Ellen Bohlen and Susan M. Hof-stein appeal from a final summary judgment entered in favor of Dow Jones & Company, Inc. (Dow Jones) d/b/a The Wall Street Journal. Appellants brought suit after a truck, owned and operated by TVS Trucking Co., Inc. (TVS), collided with their car while transporting Wall Street Journals for Dow Jones. Dow Jones moved for summary judgment on the grounds that it had no liability for the actions of TVS and asserted TVS’s status as an independent contractor.

The trial court granted Dow Jones’ motion which the appellants contend constitutes error. We agree and reverse. Based-on the record before us, we find that genuine issues of material fact exist which preclude summary judgment. Wills v. Sears, Roebuck & Co., 351 So.2d 29 (Fla.1977); Holl v. Talcott, 191 So.2d 40 (Fla.1966). Further, conflicting inferences can be drawn from the undisputed facts. Dawson v. Scheben, 351 So.2d 367 (Fla. 4th DCA 1977); Foster v. Lee, 226 So.2d 282 (Fla. 2d DCA 1969).

REVERSED and REMANDED.

BERANEK, DELL and WALDEN, JJ., concur.

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PER CURIAM.

Judith Ellen Bohlen and Susan M. Hof-stein appeal from a final summary judgment entered in favor of Dow Jones & Company, Inc. (Dow Jones) d/b/a The Wall Street Journal. Appellants brought suit after a truck, owned and operated by TVS Trucking Co., Inc. (TVS), collided with their car while transporting Wall Street Journals for Dow Jones. Dow Jones moved for summary judgment on the grounds that it had no liability for the actions of TVS and asserted TVS’s status as an independent contractor.

The trial court granted Dow Jones’ motion which the appellants contend constitutes error. We agree and reverse. Based-on the record before us, we find that genuine issues of material fact exist which preclude summary judgment. Wills v. Sears, Roebuck & Co., 351 So.2d 29 (Fla.1977); Holl v. Talcott, 191 So.2d 40 (Fla.1966). Further, conflicting inferences can be drawn from the undisputed facts. Dawson v. Scheben, 351 So.2d 367 (Fla. 4th DCA 1977); Foster v. Lee, 226 So.2d 282 (Fla. 2d DCA 1969).

REVERSED and REMANDED.

BERANEK, DELL and WALDEN, JJ., concur.

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445 So. 2d 714, 1984 Fla. App. LEXIS 11967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bohlen-v-shaw-fladistctapp-1984.

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