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~ IN THB CIRCUIT COURT OF THE 19TH ~
JUDICIAL CIRCUIT OF FLORIDA, IN
. AND FOR SAINT LUCIB COUNTY,
FLORIDA.
CASB N0. 82-322-CA-11
FRANR GILES,
Plaintiff, ~
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B~ B MACHINB SHOP, INC.,
Defendant.
FINAL SUKNARY JUDGMSNT .
This cause came to be heard August 26,.1983, upon
Defendant's Motion for Summary Judgment. The Court has reviewed the -
pleadings filed herein as well as the deposition of the Plaintiff,
the Plaintiff's answers to interrogatories, Plaintiff's answers to
Request for Admissions, and the affidavits of Mr. Rarrison, Mr.
~ Duckworth and Mr. Mays. After hearing argument by counsel .for the
respective parties and being otherwise fullq advised in the premises,
the Court finds that there.are no disputed issues of fact. The
clevis hook which the Plaintiff claims to have been defective is -
nowhere to be found and the Plaintiff cannot produce it. Likewise,
notwithstanding his diligent efforts, the Plaintiff is unable to
~ prove that the clevis hook was supplied in a defective condition by
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the Defendant.
The Plaintiff•s proof against this Defendant pyramids
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; inference upon inference. The law in Florida is clear that ultimate
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~ fact cannot be established by basing one inference upon another.
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~ Voelker vs. Combined Insurance Company of America, So. 2d, 403 ~
' 3
(Fla., 1954). Upon-consideration thereof, it is hereby ~
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~ ORDERED AND ADJUDGED that Defendant•s Motion for Summary
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Judgment is granted. The Plaintiff shall take nothing by this -
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~ action and the Defendant shall go hence without day. Jurisdiction
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is reserved for the taxing of costs.
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~ DONE AND ORDERED in Chambers at Fort Pierce, Saint Lucie
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