Fitzgerald ex rel. Fitzgerald v. Cestari

The dissent occasions this opinion.

While the dissent discusses many of the facts and the law from other jurisdictions, we add more of the former as well as note the extant law of Florida by which the trial court and this court felt bound.

The Cestaris filed a motion for summary judgment, asserting that the Fitzgeralds were barred from pursuing the lawsuit as a result of a release they had executed in favor of the Cestaris and their homeowner’s insurance carrier. In addition, the Cestaris, citing Slavin v. Kay, 108 So.2d 462 (Fla.1958), asserted that the lack of safety glass was a latent defect…