Farber v. Value Rent-A-Car

A review of the record discloses the existence of a genuine issue of material fact concerning the question of foreseeability. The existence of this issue is sufficient to preclude the entry of a Summary Judgment. Moore v. Morris, 475 So.2d 666 (Fla.1985); Holl v. Talcott, 191 So.2d 40 (Fla.1966); and Shaffran v. Holness, 93 So.2d 94 (Fla.1957). This issue must be presented to, and resolved by, the trier-of-fact.

In addition, it is clear that the “Impact Rule” is inapplicable to the facts herein. Lowd v. Cal Kovens Construction Corp., 546 So.2d 1087 (Fla. 3d DCA 1989).

Accordingly, the Summary…