Botte v. Pomeroy
438 So.2d 544
Fla.App. 4 Dist.,1983.
September 14, 1983
District Court of Appeal of Florida,
Robert BOTTE, Appellant,
Robert B. POMEROY, d/b/a South Seas Apartments; and St. Paul Mercury
Insurance Co., Appellees.
Nos. 82-367, 83-463.
Sept. 14, 1983.
Rehearing Denied Oct. 31, 1983.
Elizabeth K. Clarke of Daniels & Hicks; Goldstein Professional Association,
Miami, for appellant.
Richard A. Sherman, and Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy,
Graham & Lane, Miami, for appellees.
This appeal is a consequence of a summary judgment granted in favor of a
good samaritan which we must reverse.
The record strongly suggests that the injured party's accident was self-
inflicted as a result of excessive use of alcohol and drugs. Around 5:00 A.M.
after extended carousing he ventured outside, fell down and passed out.
Later while lying on the ground, he yelled for help and awoke the good
who got out of bed and came to his assistance.
Taking the testimony in the light most favorable to the injured party, which