Trammel v. Reliance Insurance Co.

District Court of Appeal of Florida

Trammel v. Reliance Insurance Co.

328 So. 2d 868, 1976 Fla. App. LEXIS 13990

CourtDistrict Court of Appeal of Florida

DecidedMarch 26, 1976

DocketNo. 75-1076

StatusPublished

This text of 328 So. 2d 868 (Trammel v. Reliance Insurance Co.) 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

Trammel v. Reliance Insurance Co., 328 So. 2d 868, 1976 Fla. App. LEXIS 13990 (Fla. Ct. App. 1976).

Pincite

Opinion

CROSS, Judge.

Appellant, Samuel J. Trammel, seeks review of a final judgment entered in favor [869]*869of appellees, Larry Frady Crane Service and Reliance Insurance Company, in an action seeking damages for personal injuries sustained by the appellant as a result of alleged negligence in the operation of a crane.

Upon review of the record on appeal and after consideration of the briefs submitted by counsel for the respective parties, we determine that the trial court erroneously instructed the jury that assumption of risk was a complete bar to recovery in a negligence action. The assumption of risk doctrine has been completely abrogated by the adoption of the comparative negligence principle. Rea v. Leadership Housing, Inc., 312 So.2d 818 (Fla.App.1975). Accordingly, the judgment entered in favor of appel-lees, Larry Frady Crane Service and Reliance Insurance Company, is reversed and the cause is remanded for a new trial.'

Reversed and remanded.

OWEN and MAGER, JJ., concur.

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

CROSS, Judge.

Appellant, Samuel J. Trammel, seeks review of a final judgment entered in favor [869]*869of appellees, Larry Frady Crane Service and Reliance Insurance Company, in an action seeking damages for personal injuries sustained by the appellant as a result of alleged negligence in the operation of a crane.

Upon review of the record on appeal and after consideration of the briefs submitted by counsel for the respective parties, we determine that the trial court erroneously instructed the jury that assumption of risk was a complete bar to recovery in a negligence action. The assumption of risk doctrine has been completely abrogated by the adoption of the comparative negligence principle. Rea v. Leadership Housing, Inc., 312 So.2d 818 (Fla.App.1975). Accordingly, the judgment entered in favor of appel-lees, Larry Frady Crane Service and Reliance Insurance Company, is reversed and the cause is remanded for a new trial.'

Reversed and remanded.

OWEN and MAGER, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

328 So. 2d 868, 1976 Fla. App. LEXIS 13990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trammel-v-reliance-insurance-co-fladistctapp-1976.

Opinion

Related

Cite This Page — Counsel Stack