Torts — Negligence — Duty — Action arising out of accident in which plaintiff was struck by a truck carrying a loaded trailer which was not equipped with brakes — Trial court erred in entering summary judgment in favor of defendant based on finding that defendant owed no duty to plaintiff where trial court’s findings primarily focused on whether there were applicable statutes or regulations or common law interpretations of those statutes and regulations related to braking systems on trailers — Trial court’s fleeting reference to lack of an affidavit or deposition testimony relating to the dangerous nature of the trailer does not convince appellate court that trial court considered the general facts of the case in determining existence of defendant’s duty — By improperly restricting analysis on the issue of duty and failing to analyze the general facts of the case, trial court erred as a matter of law
45 Fla. L. Weekly D275a
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