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

> District Court of Appeal of Florida · February 6, 1990 · 559 So. 2d 1172

URL: https://www.frixlaw.com/law-library/cases/7581987

## Case

- **Full name:** Juan RUIZ, as parent and natural guardian of Dennis Ruiz, a minor v. WESTBROOKE LAKE HOMES, INC., and Westbrooke Lake Homeowners Association, Inc.
- **Court:** District Court of Appeal of Florida
- **Decided:** February 6, 1990
- **Citations:** 559 So. 2d 1172; 1990 Fla. App. LEXIS 713; 1990 WL 8632
- **Precedential status:** Published
- **Opinion:** Dissent by Jorgenson
- **Judges:** Barkdull, Jorgenson, Nesbitt
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7581987

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7581987. Public record. Not legal advice.