Jartran, Inc. v. Abel

District Court of Appeal of Florida

Jartran, Inc. v. Abel

500 So. 2d 638, 12 Fla. L. Weekly 136, 1986 Fla. App. LEXIS 11155

District Court of Appeal of Florida·Decided December 30, 1986·No. No. 86-506·Published

Opinion

PER CURIAM.

Finding no error in the trial court’s entry of Order on Motion for Summary Judgment on the Issue of Liability, we affirm. Landers v. Milton, 370 So.2d 368 (Fla.1979); see Colon v. Lara, 389 So.2d 1070 (Fla. 3d DCA 1980). At the trial on the issue of damages, plaintiffs must bear their burden of proof against each defendant, and defendants are not precluded from proving their comparative negligence defense. See Davis v. Sobik’s Sandwich Shops, Inc., 351 So.2d 17 (Fla.1977); New Deal Cab Co. v. Stubbs, 90 So.2d 614 (Fla.1956); Stresscon Int’l, Inc. v. Helms, 390 So.2d 139 (Fla. 3d DCA 1980).

Affirmed.

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PER CURIAM.

Finding no error in the trial court’s entry of Order on Motion for Summary Judgment on the Issue of Liability, we affirm. Landers v. Milton, 370 So.2d 368 (Fla.1979); see Colon v. Lara, 389 So.2d 1070 (Fla. 3d DCA 1980). At the trial on the issue of damages, plaintiffs must bear their burden of proof against each defendant, and defendants are not precluded from proving their comparative negligence defense. See Davis v. Sobik’s Sandwich Shops, Inc., 351 So.2d 17 (Fla.1977); New Deal Cab Co. v. Stubbs, 90 So.2d 614 (Fla.1956); Stresscon Int’l, Inc. v. Helms, 390 So.2d 139 (Fla. 3d DCA 1980).

Affirmed.

Jartran, Inc. v. Abel, 500 So. 2d 638, 12 Fla. L. Weekly 136, 1986 Fla. App. LEXIS 11155 (Fla. Ct. App. 1986).

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