Phillips v. Styers

District Court of Appeal of Florida

Decided June 4, 1980

District Court of Appeal of Florida · decided 1980-06-04

Cited by 4 later decisions — most recently October 1990

4 state decisions

Key passage — most relied on by later courts

“A plaintiff is barred from recovering damages for loss or injury caused by the negligence of another only when the plaintiff's negligence is the sole legal cause of the damage.”

quoted by 1 later decision, including 465 So. 2d 552 - Clark v. Lumbermans Mut. Ins. Co.

Relies on 280 So. 2d 431 - Hoffman v. Jones · 383 So. 2d 989 - Zambito v. Southland Recreation Enterprises

Good law ✅— No negative treatment on recordhow we know

Decided 1980-06-04

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PER CURIAM.

¶1Affirmed.

HOBSON, Acting C. J., and RYDER and DANAHY, JJ., concur.

¶2ON MOTION FOR REHEARING

PER CURIAM.

¶3Counsel for appellants in their motion for rehearing contend that we overlooked the recent decision of this court in Zambito v. Southland Recreation Enterprises, Inc., 383 So.2d 989 (Fla. 2d DCA May 28, 1980).

¶4The Zambitoopinion is not applicable to the instant case because the record on appeal discloses that appellant Tina D. Phillips’ negligence was the sole legal cause of the accident.

¶5Our supreme court stated in Hoffman v. Jones, 280 So.2d 431, 438 (Fla.1973):

A plaintiff is barred from recovering damages for loss or injury caused by the negligence of another only when the plaintiff’s negligence is the sole legal cause of the damage .

¶6Motion for rehearing is denied.

¶7HOBSON, Acting C. J., and RYDER and DANAHY, JJ., concur.