Mathis v. Foote Steel Corp.

District Court of Appeal of Florida

Mathis v. Foote Steel Corp.

452 So. 2d 984, 1984 Fla. App. LEXIS 13698

CourtDistrict Court of Appeal of Florida

DecidedJune 14, 1984

DocketNo. 83-1252

StatusPublished

This text of 452 So. 2d 984 (Mathis v. Foote Steel Corp.) 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

Mathis v. Foote Steel Corp., 452 So. 2d 984, 1984 Fla. App. LEXIS 13698 (Fla. Ct. App. 1984).

Pincite

Opinion

DAUKSCH, Judge.

This is an appeal from a summary judgment in a personal injury case. We reverse.

The plaintiff alleges the defendant, a manufacturer of a boom crane, negligently designed and manufactured the crane. The appellee counters with a denial of the allegations and asserts the crane was substantially altered after delivery. Whether the crane was substantially altered thus relieving this defendant of blame for plaintiffs injuries is not to be decided by summary judgment. It is a factual question, not a question of law for the trial judge, whether the crane was improperly designed, or manufactured; or whether it was substantially altered.

The summary judgment is reversed and this cause remanded for further proceedings.

REVERSED and REMANDED.

SHARP and COWART, JJ., concur.

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DAUKSCH, Judge.

This is an appeal from a summary judgment in a personal injury case. We reverse.

The plaintiff alleges the defendant, a manufacturer of a boom crane, negligently designed and manufactured the crane. The appellee counters with a denial of the allegations and asserts the crane was substantially altered after delivery. Whether the crane was substantially altered thus relieving this defendant of blame for plaintiffs injuries is not to be decided by summary judgment. It is a factual question, not a question of law for the trial judge, whether the crane was improperly designed, or manufactured; or whether it was substantially altered.

The summary judgment is reversed and this cause remanded for further proceedings.

REVERSED and REMANDED.

SHARP and COWART, JJ., concur.

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Bluebook (online)

452 So. 2d 984, 1984 Fla. App. LEXIS 13698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathis-v-foote-steel-corp-fladistctapp-1984.