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District Court of Appeal of Florida


Pearce v. Deschesne, 4D05-2983

Summary judgment for defendant on liability in a personal injury negligence case arising out of injuries sustained by an admittedly intoxicated plaintiff engaged in trimming her trees is reversed where there was a factual dispute as to the apportionment of negligence, and the trial judge lacked authority to make a ruling on the issue as a matter of law.

Appellate Information

  • Decided 07/12/2006
  • Published 07/12/2006

Judges

  • FARMER, J.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Robert Garven, Coral Springs, and Charles Mancuso of Thomas & Pearl, Fort Lauderdale, for appellant.

  • For Appellees:
  • Nancy W. Gregoire and Matthew D. Klein of Bunnell Woulfe Kirschbaum Keller McIntyre Gregoire & Klein, P.A., Fort Lauderdale, for appellee.
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