Legal Opinion

Lake v. Stiegler

District Court of Appeal of Florida

Decided October 15, 1963No. 63-87PublishedCited by 2 opinions

1Per curiam

The appellant, plaintiff in the trial court, appeals an adverse summary judgment, contending that there was a material issue of fact to be presented to the jury as to whether or not the appellee negligently operated a motor vehicle under his control.

An examination of the record fails to demonstrate that the appellee acted other than as a reasonable person under the emergency circumstances created by the appellant-driver. Therefore, no error has been made to appear in the entry of the summary judgment. See: Harper v. Mangel, Fla.App.1963, 151 So.2d 346.

Affirmed.

2Cases cited1 opinion

  1. Harper ex rel. Hyzer v. MangelDistrict Court of Appeal of Florida · 1963

3Cited by2 opinions

  1. Cahill ex rel. Utz v. CooneyDistrict Court of Appeal of Florida · 1966
  2. Pan American Life Insurance Company v. RaijDistrict Court of Appeal of Florida · 1963