Brady v. SCI FUNERAL SERVICES OF FLORIDA

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• declining to require the plaintiffs to plead a gross negligence count separate from their ordinary negligence count
• remanding for a jury finding as to whether the cemetery’s actions were willful and wanton, such that “the negligence action would fall outside the impact rule”
• “A directed verdict will be affirmed only when no proper view of the evidence could warrant a verdict in favor of the nonmoving party.”
• “Florida’s impact rule does not apply to cases where the tortfeasor’s negligence may be characterized as willful or wanton.” (citing Kirksey v. Jernigan, 45 So.2d 188, 189 (Fla. 1950))

Source: CourtListener parenthetical corpus (CC0).