Opinion

Ruiz ex rel. Ruiz v. Westbrooke Lake Homes, Inc.

  • 559 So. 2d 1172
  • 1990 Fla. App. LEXIS 713
  • 1990 WL 8632
Court
District Court of Appeal of Florida
Filed
Feb 6, 1990
Status
Published
Author
Jorgenson
On the bench
Barkdull, Jorgenson, Nesbitt
Cited by
6 cases
Authority
More cited than 26.7%

affirming summary judgment in favor of defendants when an 11-year old boy’s own act — attempting to jump from the top of the monkey bar section of a jungle gym onto the slide — proximately caused his injuries

How later courts described this case

  • affirming summary judgment in favor of defendants when an 11-year old boy’s own act — attempting to jump from the top of the monkey bar section of a jungle gym onto the slide — proximately caused his injuries
  • “The question of proximate cause is one for the court where there is an active and efficient intervening cause.”

Written by the judges who cited it.

The opinion

JORGENSON, Judge,

dissenting.

I respectfully dissent.

In my view, a genuine issue of material fact remains concerning the Association’s negligence in allegedly covering the playground surface with an insufficient and unsuitably finished surface cushion and, then, negligently maintaining that surface. I would, therefore, reverse the order granting the Association’s motion for summary judgment.

Moreover, I believe the court’s opinion runs afoul of the principle well settled in Florida law that assumption of risk no longer serves as an absolute bar to recovery in a negligence action. Blackburn v. Dorta, 348 So.2d 287 (Fla.1977). Even though Dennis Ruiz may have acted negligently and, thus, contributed to his injuries, the apportionment of fault remains a question for the jury. Blackburn, 348 So.2d at 291 .

I would reverse.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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