Youngblood v. Combined Insurance Co. of America

District Court of Appeal of Florida

Youngblood v. Combined Insurance Co. of America

337 So. 2d 834, 1976 Fla. App. LEXIS 15489

CourtDistrict Court of Appeal of Florida

DecidedSeptember 29, 1976

DocketNo. 76-84

StatusPublished

Cited by1 cases

This text of 337 So. 2d 834 (Youngblood v. Combined Insurance Co. of America) 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

Youngblood v. Combined Insurance Co. of America, 337 So. 2d 834, 1976 Fla. App. LEXIS 15489 (Fla. Ct. App. 1976).

Pincite

Opinion

HOBSON, Judge.

Appellant brings to us for review a final summary judgment entered in favor of ap-pellee. Appellant, wife of deceased, was named as the sole beneficiary under a policy issued to the decedent in the amount of $1,500 if the decedent were fatally injured if struck “on a public highway, by any moving vehicle.”

The decedent was struck by a moving vehicle and fatally injured while standing on a public sidewalk a few feet from a public highway. The highway and sidewalk were not separated by any curb but merged on the same level.

[835]*835In National Casualty Co. v. Zmijewski, 1940, 143 Fla. 285, 196 So. 587, the factual situation was strikingly similar to that in the instant case. The decedent therein was actually standing on private property when fatally injured. In that case it was held that it was a question of fact as to whether or not the location where the decedent was fatally injured was used by the public as part of the highway. The record in the instant case shows that a genuine issue of material fact exists in the light of the National Casualty case. Therefore, the summary judgment appealed is

REVERSED and the cause REMANDED.

McNULTY, C. J., and SCHWARTZ, ALAN R., Associate Judge, concur.

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HOBSON, Judge.

Appellant brings to us for review a final summary judgment entered in favor of ap-pellee. Appellant, wife of deceased, was named as the sole beneficiary under a policy issued to the decedent in the amount of $1,500 if the decedent were fatally injured if struck “on a public highway, by any moving vehicle.”

The decedent was struck by a moving vehicle and fatally injured while standing on a public sidewalk a few feet from a public highway. The highway and sidewalk were not separated by any curb but merged on the same level.

[835]*835In National Casualty Co. v. Zmijewski, 1940, 143 Fla. 285, 196 So. 587, the factual situation was strikingly similar to that in the instant case. The decedent therein was actually standing on private property when fatally injured. In that case it was held that it was a question of fact as to whether or not the location where the decedent was fatally injured was used by the public as part of the highway. The record in the instant case shows that a genuine issue of material fact exists in the light of the National Casualty case. Therefore, the summary judgment appealed is

REVERSED and the cause REMANDED.

McNULTY, C. J., and SCHWARTZ, ALAN R., Associate Judge, concur.

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Bluebook (online)

337 So. 2d 834, 1976 Fla. App. LEXIS 15489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/youngblood-v-combined-insurance-co-of-america-fladistctapp-1976.

Opinion

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