Hunt v. Nowicki
District Court of Appeal of Florida
1DissentWalden, Chief Judge
Plaintiffs appeal from a judgment dismissing their complaint with prejudice. I would reverse.
The guidelines for determining whether a complaint states a cause of action are certainly well known and will not be repeated. Poulos v. Vordemeier, 327 So.2d 245 (4th DCA Fla.1976).
The complaint was in eight counts, containing forty-one numbered paragraphs, covering twelve pages.
The minor plaintiff was working upon a twenty year old tractor manufactured and sold by Defendant, Ford. The basic facts were correctly distilled in plaintiffs’ brief:
“The tractor was designed with its gasoline tank in the…
2Cases cited5 opinions
- Favors v. Firestone Tire & Rubber Co.District Court of Appeal of Florida · 1975
- Poulos v. VordermeierDistrict Court of Appeal of Florida · 1976
- Keller ex rel. Compton v. Eagle Army-Navy Department Stores, Inc.District Court of Appeal of Florida · 1971
- Noonan v. Buick CompanyDistrict Court of Appeal of Florida · 1968
- Marrillia v. Lyn Craft Boat CompanyDistrict Court of Appeal of Florida · 1973