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.