Bell ex rel. Neil v. Malacoate, 397 So. 2d 1046 (Fla. 4th DCA 1981). · Go Syfert
Bell ex rel. Neil v. Malacoate, 397 So. 2d 1046 (Fla. 4th DCA 1981). Cases Citing This Book View Copy Cite
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Leslie BELL, by and through her next friend, Betty Neil
v.
Don MALACOATE, Llani Collins Marsh and Aetna Insurance Company
No. 79-977.
District Court of Appeal of Florida, Fourth District.
May 13, 1981.
397 So. 2d 1046
1981 Fla. App. LEXIS 19812
Robert L. Switkes of Law Offices of Norman K. Schwarz, P.A., Miami Beach, for appellant., Linda M. Rigot of Ress, Gomez, Rosenberg & Howland, P. A., North Miami, for appellees.
Beranek, Hersey, Hurley, Only.
Published
PER CURIAM.

Plaintiff appeals from a summary judgment entered in favor of the defendant in a comparative negligence case. Since the tes[*1047] timony of two witnesses was in direct conflict with that of the minor plaintiff, we find that this is a classic case in which a summary judgment should not be entered. While the jury might very well choose to believe the two non-party witnesses rather than the plaintiff, this is not an appropriate case for summary judgment. The trial court necessarily chose either to disbelieve or disregard the testimony of the plaintiff/child. The summary judgment is, therefore, reversed.

BERANEK and HURLEY, JJ., concur. HERSEY, J., concurs in result only.