Legal Opinion · Dissent

Hunt v. Nowicki

District Court of Appeal of Florida

Decided August 6, 1976No. 75-831Published

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

  1. Favors v. Firestone Tire & Rubber Co.District Court of Appeal of Florida · 1975
  2. Poulos v. VordermeierDistrict Court of Appeal of Florida · 1976
  3. Keller ex rel. Compton v. Eagle Army-Navy Department Stores, Inc.District Court of Appeal of Florida · 1971
  4. Noonan v. Buick CompanyDistrict Court of Appeal of Florida · 1968
  5. Marrillia v. Lyn Craft Boat CompanyDistrict Court of Appeal of Florida · 1973

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