BUL4602 Fall-2011 Lecture 3, Reading 4

BUL4602 Fall-2011 Lecture 3, Reading 4 - Botte v Pomeroy...

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Botte v. Pomeroy 438 So.2d 544 Fla.App. 4 Dist.,1983. September 14, 1983 District Court of Appeal of Florida, Fourth District. Robert BOTTE, Appellant, v. 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. LETTS, Judge. 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 samaritan *545 who got out of bed and came to his assistance. Taking the testimony in the light most favorable to the injured party, which
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BUL4602 Fall-2011 Lecture 3, Reading 4 - Botte v Pomeroy...

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