Penzera v. O'Neal
District Court of Appeal of Florida
1Opinion of the Court
SLEET, Judge.
The estate of Anthony Panzera 1 appeals the final order granting summary judg ment in favor of Darryl O’Neal and Publix Supermarkets, Inc. Because we agree with the trial court’s conclusion that there were no remaining issues of material fact, we affirm.
In the early morning hours of May 29, 2011, O’Neal, a truck driver employed by Publix, fatally struck Panzera as he attempted to cross a multilane interstate on foot. The undisputed facts adduced prior to the summary judgment hearing showed that around 3 a.m., Panzera walked to I-75, climbed a fence, and entered the interstate…
2Cases cited8 opinions
- Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
- Harvey Building, Inc. v. HaleySupreme Court of Florida · 1965
- Hervey v. AlfonsoDistrict Court of Appeal of Florida · 1995
- Byrd v. LeachDistrict Court of Appeal of Florida · 1969
- Tarin v. City Nat. Bank of MiamiDistrict Court of Appeal of Florida · 1990
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3Cited by4 opinions
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- UNITED AUTOMOBILE INSURANCE COMPANY v. PROGRESSIVE REHABILITATION AND ORTHOPEDIC SERVICES, LLC A/A/O YASEL ALONSODistrict Court of Appeal of Florida · 2021