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Blackburn v. Dorta
Florida Supreme Court
348 So.2d 287 (Fla.1977)
Florida courts decided three similar cases regarding whether assumption of the risk was an absolute bar to a plaintiff's recovery in tort. The Florida Third District Court of Appeal found that even though the state had adopted comparative negligence rules, the doctrine of assumption of risk still served as a complete bar to recovery. The Florida First and Fourth District Courts of Appeal rejected the continued viability of assumption of risk as an absolute bar to recovery. The Supreme Court of Florida consolidated the three cases under its conflict jurisdiction.
Rule of Law
Holding and Reasoning (Sundberg, J.)
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