Mackey v. Arnold

OWEN, Judge.

In this automobile-darting child case, summary judgment was entered in favor of the owner and operator of the automobile.

The principles of law which are to be applied in considering a motion for summary judgment in the darting child cases of this type are well known in the abstract but are not always simple to apply in close factual situations. By way of example, compare the opinion of this court in Byrd v. Leach, Fla.App.1969, 226 So.2d 866, wherein summary judgment for the owner-operator of the motor vehicle was affirmed, with the opinion of the First District Court in Parkhurst…