Sprague v. Coral Cadillac, Inc.

District Court of Appeal of Florida

Sprague v. Coral Cadillac, Inc.

515 So. 2d 376, 12 Fla. L. Weekly 2617, 1987 Fla. App. LEXIS 10993

CourtDistrict Court of Appeal of Florida

DecidedNovember 12, 1987

DocketNos. 4-86-2952, 4-86-3120

StatusPublished

Cited by1 cases

This text of 515 So. 2d 376 (Sprague v. Coral Cadillac, Inc.) 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

Sprague v. Coral Cadillac, Inc., 515 So. 2d 376, 12 Fla. L. Weekly 2617, 1987 Fla. App. LEXIS 10993 (Fla. Ct. App. 1987).

Pincite

Opinion

GUNTHER, Judge.

Frances Sprague appeals from an adverse summary judgment entered in favor [377]*377of Coral Cadillac, Inc., and General Motors Corporation. We reverse.

It is well settled that a court may only enter a summary judgment where there is a complete absence of a genuine issue of material fact. Holl v. Talcott, 191 So.2d 40 (Fla.1966). In this case, there is a genuine issue of material fact as to whether carbon monoxide poisoning was the proximate cause of Sprague’s heart attack.

We conclude that the summary judgment was improper because Coral Cadillac and General Motors failed to demonstrate the complete absence of genuine issues of material fact.

REVERSED AND REMANDED.

DOWNEY and LETTS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI