Padron v. DiPasquale

District Court of Appeal of Florida

Padron v. DiPasquale

506 So. 2d 1179, 12 Fla. L. Weekly 1264, 1987 Fla. App. LEXIS 8131

CourtDistrict Court of Appeal of Florida

DecidedMay 13, 1987

DocketNo. 4-86-1274

StatusPublished

This text of 506 So. 2d 1179 (Padron v. DiPasquale) 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

Padron v. DiPasquale, 506 So. 2d 1179, 12 Fla. L. Weekly 1264, 1987 Fla. App. LEXIS 8131 (Fla. Ct. App. 1987).

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Opinions

PER CURIAM.

Reversed. The appellees sought and obtained a summary judgment against the appellant on her personal injury claim on the sole ground that she had assumed a risk of injury by participating in an attempted purchase of illegal drugs. Assuming the validity of such a defense, which we do not decide as the issue is not before us, we hold that the evidence of her voluntary participation in the episode at the time of her injury was in dispute and precluded the entry of summary judgment. Accordingly, this cause is remanded for further proceedings consistent herewith.

[1180]*1180ANSTEAD, J., and FEDER, RICHARD YALE, Associate Judge, concur. GLICKSTEIN, J., concurs specially with opinion.

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PER CURIAM.

Reversed. The appellees sought and obtained a summary judgment against the appellant on her personal injury claim on the sole ground that she had assumed a risk of injury by participating in an attempted purchase of illegal drugs. Assuming the validity of such a defense, which we do not decide as the issue is not before us, we hold that the evidence of her voluntary participation in the episode at the time of her injury was in dispute and precluded the entry of summary judgment. Accordingly, this cause is remanded for further proceedings consistent herewith.

[1180]*1180ANSTEAD, J., and FEDER, RICHARD YALE, Associate Judge, concur. GLICKSTEIN, J., concurs specially with opinion.

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Bluebook (online)

506 So. 2d 1179, 12 Fla. L. Weekly 1264, 1987 Fla. App. LEXIS 8131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/padron-v-dipasquale-fladistctapp-1987.