Alls ex rel. Alls v. 7-Eleven Food Stores, Inc.

A judge of the circuit court for the Eleventh Judicial Circuit of Florida has certified a question of law to this court pursuant to Fla.App. Rule 4.6, to wit:

“Whether a defendant against whom a default judgment has been entered may assert non-liability by means of a liability defense which has been the basis of the entry of a summary judgment in favor of a separate defendant, not in default, and when the defense is the total negligence of the plaintiff as the sole proximate cause of the accident?”

In common with many legal issues, the question as certified is a difficult one but not without…