Del Risco v. Jem Const. Corp.

• Decision Date: 22 May 1984
• Docket Number: No. 83-1037,83-1037
• Parties: Francisco DEL RISCO and Mirta R. Del Risco, Appellants, v. JEM CONSTRUCTION CORPORATION, Kent Insurance Company and Vedado Development Corporation and Hartford Accident & Indemnity Company, Appellees.
• Court: Florida District Court of Appeals

Page 54

452 So.2d 54

Francisco DEL RISCO and Mirta R. Del Risco, Appellants, v. JEM CONSTRUCTION CORPORATION, Kent Insurance Company and Vedado Development Corporation and Hartford Accident & Indemnity Company, Appellees.

No. 83-1037.

District Court of Appeal of Florida,

Third District.

May 22, 1984.

Rehearing Denied July 9, 1984.

Appeal from Circuit Court, Dade County; Rhea Pincus Grossman, Judge.

Walton, Lantaff, Schroeder & Carson and Kathleen M. O'Connor and George Chesrow, Miami, for appellants.

Underwood, Gillis, Karcher & Valle; Rick Wingate, Kathleen V. McCarthy; Marlow, Shofi, Ortmayer, Smith, Connell & Valerius and Joseph H. Lowe, Miami, for appellees.

Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

We affirm the granting of the defendants' motions for summary judgment by the trial court upon a holding that the plaintiff's injury was proximately caused by the unforeseeable intervening actions of a third party and the plaintiff. These intervening causes led to the highly unusual event which resulted in the plaintiff's injury. See Stahl v. Metropolitan Dade County, 438 So.2d 14 (Fla. 3d DCA 1983); Fellows v. Citizens Federal Savings & Loan Association of St. Lucie County, 383 So.2d 1140 (Fla. 4th DCA 1980); Pope v. Cruise Boat Co., Inc., 380 So.2d 1151 (Fla. 3d DCA 1980); see also Gibson v. Avis Rent-A-Car System, Inc., 386 So.2d 520 (Fla.1980) (when some separate force or action is the intervening cause of the damages suffered by another a negligent person is not liable). We therefore do not reach the issue of the liability of the adjacent landowner or his agents.

Affirmed.