Herbert B. Harrison and Alice Harrison v. Holiday Inns, Inc.

Fifth Circuit

Herbert B. Harrison and Alice Harrison v. Holiday Inns, Inc.

554 F.2d 259

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 27, 1977

Docket75-2921

StatusPublished

This text of 554 F.2d 259 (Herbert B. Harrison and Alice Harrison v. Holiday Inns, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Herbert B. Harrison and Alice Harrison v. Holiday Inns, Inc., 554 F.2d 259 (5th Cir. 1977).

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Opinion

PER CURIAM:

The instant case raised questions regarding the continued vitality of the doctrine of assumption of risk in the State of Florida. The trial court granted defendants’ motions for summary judgment holding, inter alia, that the defense of assumption of risk was still viable as a complete bar to recovery.

On May 5, 1977, the Supreme Court of Florida for the first time expressly resolved this issue, 1 holding that:

[ T]he affirmative defense of implied assumption of risk is merged into the defense of contributory negligence and the principles of comparative negligence enunciated in Hoffman v. Jones [280 So.2d 431 (Fla.1973)] shall apply in all cases where such defense is asserted. Blackburn v. Dorta, 348 So.2d 287 (Fla. 1977).

Accordingly, the final judgment is VACATED and this case is REMANDED to the trial court for proceedings in light of Blackburn v. Dorta, supra.

VACATED and REMANDED.

1

. The issue was before the Court under its conflict certiorari jurisdiction. Among the cases consolidated for review was Dorta v. Blackburn, 302 So.2d 450 (Fla.3d DCA 1974), the case relied upon by the trial court herein.

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