Public-domain · open source
OpenJurist

445 So. 2d 714

Bohlen v. Shaw

District Court of Appeal of Florida

Decided February 29, 1984

District Court of Appeal of Florida · decided 1984-02-29

Relies on Gory Roofing Tile Manufacturing, Inc. v. Davison · 351 So. 2d 29 - Wills v. Sears, Roebuck & Co. · Foster v. Lee

Decided 1984-02-29

PER CURIAM.

¶1Judith Ellen Bohlen and Susan M. Hof-stein appeal from a final summary judgment entered in favor of Dow Jones & Company, Inc. (Dow Jones) d/b/a The Wall Street Journal. Appellants brought suit after a truck, owned and operated by TVS Trucking Co., Inc. (TVS), collided with their car while transporting Wall Street Journals for Dow Jones. Dow Jones moved for summary judgment on the grounds that it had no liability for the actions of TVS and asserted TVS’s status as an independent contractor.

¶2The trial court granted Dow Jones’ motion which the appellants contend constitutes error. We agree and reverse. Based-on the record before us, we find that genuine issues of material fact exist which preclude summary judgment. Wills v. Sears, Roebuck & Co., 351 So.2d 29 (Fla.1977); Holl v. Talcott, 191 So.2d 40 (Fla.1966). Further, conflicting inferences can be drawn from the undisputed facts. Dawson v. Scheben, 351 So.2d 367 (Fla. 4th DCA 1977); Foster v. Lee, 226 So.2d 282 (Fla. 2d DCA 1969).

¶3REVERSED and REMANDED.

BERANEK, DELL and WALDEN, JJ., concur.
/445/so2d/714 · .json · Public domain