The appellant, Patrice Christian, individually and as natural mother and guardian of Lamarkius Ward and Victoria White, her minor children, challenges a summary judgment entered in favor of the appellee, Over-street Paving Company, a Florida corporation. We reverse.
The appellant filed a negligence action seeking damages from the appellee for injuries her minor children sustained as the result of an accident involving a motor vehicle owned by the appellee. At the time of the accident, the vehicle, a truck, was being driven by a person who had stolen it just a few minutes before the accident. The appellant
A motion for summary judgment may be granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fla.R.Civ.P. 1.510(e). The burden is on the movant to demonstrate conclusively that the nonmoving party cannot prevail. Gomes v. Stevens,
We, accordingly, reverse the final summary judgment and remand for proceedings consistent herewith.
Reversed and remanded.
