Whiteaker ex rel. Parker v. Gilreath, 693 So. 2d 118 (Fla. 2d DCA 1997). · Go Syfert
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Whiteaker ex rel. Parker v. Gilreath, 693 So. 2d 118 (Fla. 2d DCA 1997). Cases Citing This Book View Copy Cite
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Ryan Paul WHITEAKER, a minor, By and Through his parents and Natural Guardian, Stacy Parker, and Stacy Parker, Individually
v.
Don GILREATH
No. 96-03064.
District Court of Appeal of Florida, Second District.
May 9, 1997.
693 So. 2d 118
1997 Fla. App. LEXIS 4965
1997 WL 232131
Thomas M. Pflaum and Adam B. Sapenoff of Associates & Bruce L. Schemer, Fort Myers, for Appellants., Curtright C. Truitt and William Scott Morris of Curtright C. Truitt, P.A., Fort Myers, for Appellee.
Campbell, Schoonover, Whatley.
Cited by 1 opinion  |  Published
CAMPBELL, Acting Chief Judge.

Appellants challenge the summary judgment entered in favor of appellee. We reverse. Ryan Paul Whiteaker was injured when the bucket of a Bobcat bucket loader fell on him. Appellee, Don Gilreath, was sued as owner of the bucket loader. Summary judgment was entered in favor of Gil-reath on the basis that there was no issue of material fact which would tend to indicate that Gilreath was the owner at the time of the accident. We disagree. The affidavit on file and the circumstances of the case fail to preclude at least an inference that Gilreath was the owner of the bucket loader at the time of the accident. Where there is the slightest doubt as to the question of ownership, summary judgment is impermissible. See Knight v. Roberts RV Resort, 671 So.2d 298 (Fla. 2d DCA 1996).

Reversed and remanded for further proceedings.

SCHOONOVER and WHATLEY, JJ., concur.