Slover v. Control Chemical Corp.

District Court of Appeal of Florida

Slover v. Control Chemical Corp.

548 So. 2d 303, 14 Fla. L. Weekly 2064, 1989 Fla. App. LEXIS 4951, 1989 WL 101591

CourtDistrict Court of Appeal of Florida

DecidedSeptember 7, 1989

DocketNo. 88-2348

StatusPublished

Cited by1 cases

This text of 548 So. 2d 303 (Slover v. Control Chemical 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.

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Slover v. Control Chemical Corp., 548 So. 2d 303, 14 Fla. L. Weekly 2064, 1989 Fla. App. LEXIS 4951, 1989 WL 101591 (Fla. Ct. App. 1989).

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Opinion

EATON, O.H., Jr., Associate Judge.

This is an appeal from a summary judgment entered in a negligence case. The complaint alleges that appellant was injured when he inhaled fumes from broken bottles of formaldehyde while unloading an enclosed semitrailer. Genuine issues of material fact exist concerning causation, including whether or not the formaldehyde was properly packaged and whether or not the warnings on the packages were adequate. The fact that the packages were loaded in apparent good order is not dispositive of these issues. Entry of summary judgment was error. Felix v. Hoffmann-LaRoche, Inc., 540 So.2d 102 (Fla.1989); Gibson v. Avis Rent-A-Car System, Inc., 386 So.2d 520 (Fla.1980).

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

REVERSED and REMANDED.

DANIEL, C.J., and GOSHORN, J., concur.

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EATON, O.H., Jr., Associate Judge.

This is an appeal from a summary judgment entered in a negligence case. The complaint alleges that appellant was injured when he inhaled fumes from broken bottles of formaldehyde while unloading an enclosed semitrailer. Genuine issues of material fact exist concerning causation, including whether or not the formaldehyde was properly packaged and whether or not the warnings on the packages were adequate. The fact that the packages were loaded in apparent good order is not dispositive of these issues. Entry of summary judgment was error. Felix v. Hoffmann-LaRoche, Inc., 540 So.2d 102 (Fla.1989); Gibson v. Avis Rent-A-Car System, Inc., 386 So.2d 520 (Fla.1980).

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

REVERSED and REMANDED.

DANIEL, C.J., and GOSHORN, J., concur.

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548 So. 2d 303, 14 Fla. L. Weekly 2064, 1989 Fla. App. LEXIS 4951, 1989 WL 101591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slover-v-control-chemical-corp-fladistctapp-1989.

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