Radice v. Morris

SHANNON, Chief Judge.

The plaintiff below is appealing a summary final judgment in a negligence action.

The plaintiff was a lessee of premises in Tampa, Florida. At about midnight on February 7, 1960, the defendant operated his automobile across the curbing of Hills-borough Avenue and entered the front of plaintiff’s place of business, thereby inflicting damages upon the property of the plaintiff. To the complaint the defendant filed an answer denying negligence and setting up facts tending to show an unavoidable accident. Defendant alleged in his'answer that he was struck by an assailant while…