District Court of Appeal of Florida

Summary judgment for parents in a suit brought by a legal guardian on behalf of parents' child alleging that the child's injuries in a car accident could have been prevented had her mother ensured she utilized a seat belt is reversed as Florida Statutes section 316.614 did not displace the common law right to bring a cause of action for a parent's failure to exercise a duty of care.

Appellate Information

• Decided 05/17/2006
• Published 05/17/2006

Judges

• STEVENSON, C.J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Michael D. Gelety, Fort Lauderdale, for appellant.


• For Appellees:
  
• Mirene D. Charles and Andrew E. Grigsby of Hinshaw & Culbertson, LLP, Miami, for appellees Sharon Rodriguez and Ricardo Ramon Rodriguez.