Opinion
No. 84-376.
February 13, 1985.
Appeal from Circuit Court, Broward County; Joseph E. Price, Judge.
John F. O'Donnell of O'Donnell Lazarus, Fort Lauderdale, for appellants.
David F. Cooney of Conrad, Scherer James, Fort Lauderdale, for appellee City of Lauderhill.
AFFIRMED.
LETTS and DELL, JJ., concur.
ANSTEAD, C.J., dissents with opinion.
Although the facts of this case strongly suggest that either the appellant, Robert Gordon, or the motorist that rear-ended him was responsible for the accident in question, I believe that a reasonable juror could conclude that the city firemen, who were soliciting donations in the street, were also partly responsible for the accident. For that reason I would reverse the entry of summary judgment in favor of the firemen.