Legal Opinion

Schwartz v. Hughes Supply, Inc.

District Court of Appeal of Florida

Decided January 18, 1989No. 88-626PublishedCited by 2 opinions

1Opinion of the Court

SCHEB, Judge.

Appellants Bernard Schwartz and Hannah Schwartz, his wife, challenge the entry of a final summary judgment in favor of appellees. The trial court held that Bernard Schwartz, a police officer, acted unreasonably when he braced his body against a rolling tow truck in an attempt to protect several accident victims. We reverse.

On February 3,1983, Officer Schwartz of the Cape Coral Police Department was dispatched to investigate an accident involving a Pontiac and a truck. The wrecked truck was owned by Appellee Hughes Supply, Inc. and operated by Appellee Solen Herman Hingson, Jr. A…

2Cases cited4 opinions

  1. Burroughs Corp. v. AMERICAN DRUGGISTS'INS. CO.District Court of Appeal of Florida · 1984
  2. Ryder Truck Rental, Inc. v. KorteDistrict Court of Appeal of Florida · 1978
  3. US Fire Ins. Co. v. Progressive Cas. Ins. Co.District Court of Appeal of Florida · 1978
  4. Newsome v. St. Paul Fire & Marine Ins. Co.District Court of Appeal of Florida · 1977

3Cited by2 opinions

  1. Holland v. CSX Transportation, Inc.District Court of Appeal of Florida · 1991
  2. Menendez v. West Gables Rehabilitation Hospital, LLCDistrict Court of Appeal of Florida · 2013

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