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331 So. 3d 857·
Fla. 2d DCA·
2021-12-17
·cited 1×
This case involves a negligence action where a business invitee, Jack Conrad, slipped and fell due to a divot in a seawall at The Boat House. The appellate court reversed the trial court's grant of summary judgment, finding that genuine issues of material fact remain regarding th
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609 F. Supp. 2d 1273·
S.D. Fla.·
2009-03-24
·cited 1×
The court held that the assault and battery endorsement's $25,000 sub-limit applied to the patron's negligence claims because they arose from the assault and battery, and that the 'wrongful eviction' provision did not apply as the patron lacked a possessory interest.
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976 So. 2d 694·
Fla. 4th DCA·
2008-03-19
·cited 1×
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533 F. Supp. 245·
S.D. Fla.·
1982-02-11
·cited 1×
The government was negligent in failing to provide adequate security at a post office lobby left open 24 hours, making a violent criminal act foreseeable and thus liable under the Federal Tort Claims Act.
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Del. Super. Ct.·
2026-02-18
A passenger injured in a boating accident brought a declaratory judgment action against the boat rental operator's liability insurer, seeking to compel coverage. The court denied the insurer's motion to dismiss, finding that the passenger sufficiently pleaded he was either an int
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Del. Super. Ct.·
2025-08-29
The court denied the Steens' motion for summary judgment on the main negligence claims, finding a disputed issue of fact regarding whether the power lines were an open and obvious danger. The court granted the Steens' motion for partial summary judgment on the Survival Act claim,
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M.D. Fla.·
2025-03-04
The court held that the plaintiff failed to present evidence of actual or constructive notice of the alleged dangerous condition, and the mode of operation theory is no longer viable under Florida law for slip-and-fall cases.
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M.D. Fla.·
2025-03-03
Genuine issues of material fact exist regarding whether uneven pavers on a walkway were open and obvious, precluding summary judgment for the landowner.
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M.D. Fla.·
2024-11-07
A hotel guest's slip and fall claim can proceed if there is evidence suggesting the hotel had constructive knowledge of a dangerous condition, such as a recurring issue with pool steps being slick from sunscreen.
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M.D. Fla.·
2024-06-25
The court held that genuine issues of material fact exist regarding whether the pallet was open and obvious and whether the defendant had notice of the condition, precluding summary judgment.
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M.D. Fla.·
2024-04-11
Genuine issues of material fact exist regarding the open and obvious nature of the hazard, the plaintiff's awareness of the condition, and whether adequate warnings were provided, precluding summary judgment.
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377 So. 3d 198·
Fla. 2d DCA·
2023-12-29
A complaint states a cause of action for negligence and may not be dismissed when it alleges the defendant owed a duty, breached that duty, caused injury, and inflicted damages, even if it asserts alternative or inconsistent theories of liability within a single count. Florida Ru
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S.D. Fla.·
2023-08-24
The court held that the store manager was fraudulently joined and dismissed him, and that the complaint improperly commingled negligence theories as a shotgun pleading, warranting dismissal without prejudice.
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S.D. Fla.·
2023-05-22
Summary judgment is granted for the defendant because the plaintiff failed to present sufficient evidence of actual or constructive notice of the wet substance on the floor.
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S.D. Fla.·
2023-05-01
The court held that genuine disputes of material fact exist regarding whether the defendant had actual or constructive notice of the wet floor, thus denying the motion for summary judgment.
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S.D. Fla.·
2023-04-18
The court held that the plaintiff failed to present evidence from which a reasonable jury could conclude that Wal-Mart had actual or constructive knowledge of the dangerous condition, thus summary judgment for the defendant was appropriate.
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S.D. Fla.·
2022-11-14
The court held that a genuine issue of material fact exists regarding notice and causation, precluding summary judgment.
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M.D. Fla.·
2022-07-12
The court held that genuine issues of material fact exist regarding Wal-Mart's constructive knowledge of the dangerous condition, precluding summary judgment.
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M.D. Fla.·
2022-05-02
The court held that the United States breached its duty of care to the plaintiff by failing to remedy a dangerous condition (water on the floor due to a misplaced mat and lack of signage) and that this breach legally caused two of the plaintiff's asserted knee injuries.
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M.D. Fla.·
2022-05-02
A plaintiff must present evidence showing a business had actual or constructive knowledge of a dangerous condition to recover for premises liability negligence involving a transitory substance.
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Del. Super. Ct.·
2022-02-22
The court held that Commerce Associates, LP (CALP) is an "insured" under the insurance policies issued by Hanover Insurance Company because CALP is a member of the One Commerce Center Condominium Council and was sued with respect to the conduct of the Council's business. Therefor
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S.D. Fla.·
2021-08-04
The court held that dismissal was improper because the plaintiff should be allowed to conduct discovery to determine if allegations of negligent mode of operation are relevant to the defendant's actual or constructive knowledge of the dangerous condition.
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M.D. Fla.·
2021-06-22
Summary judgment for defendant is granted because the attractive nuisance doctrine does not apply to invitees, and the bollards were open and obvious conditions that did not breach a duty of care.
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S.D. Fla.·
2021-06-11
The court denied the defendant's motion to dismiss, finding that the plaintiff's second amended complaint sufficiently stated a claim for negligence.
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S.D. Fla.·
2021-04-26
The court held that the plaintiff failed to present evidence of actual or constructive notice of the substance on the floor, thus the defendant was entitled to summary judgment.
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S.D. Fla.·
2021-01-07
The court held that certain notice and demand letters concerning prior slip and fall incidents are discoverable, but limited to specific areas and types of incidents.
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Fla. 2d DCA·
2020-07-08
The appellate court reversed a summary judgment for the defendant condominium association in a premises liability case. The court found that genuine issues of material fact existed regarding whether the association acted reasonably in maintaining its elevator, which malfunctioned
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Del. Super. Ct.·
2020-07-06
The court denied the defendant's motion for a new trial, finding that the jury verdict was not contrary to the jury instructions and not against the great weight of the evidence. The court emphasized that a high bar exists for granting a new trial and that the jury's findings wer
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Del. Super. Ct.·
2017-11-29
The Court held that while a waiver of liability can bar claims for negligence, it does not extend to claims of recklessness. Furthermore, the doctrine of implied primary assumption of risk, which applies to certain sports, also does not insulate a tortfeasor from liability for in
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Del. Super. Ct.·
2017-04-03
The Court granted Defendant's Motion for Summary Judgment, finding that Plaintiff failed to establish a prima facie case of negligence. Plaintiff did not produce expert testimony regarding the applicable standard of care for the hot tub's handrails and steps, and the expert discl
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Del. Super. Ct.·
2014-07-15
The court denied the homeowners' motion for summary judgment and motion to strike, and denied the general contractor's motion for summary judgment. Material issues of fact exist regarding whether the homeowners and general contractor owed a duty of care to the injured subcontract
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Del. Super. Ct.·
2012-12-31
The court granted the landlord defendant's motion for summary judgment, holding that the landlord did not exercise "actual control" over the stoop and mannequin that caused the plaintiff's injury. Therefore, the landlord had no duty to the plaintiff and could not be held liable f
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Del. Super. Ct.·
2009-02-04
The court held that while a lessee (DFCU) may have a duty to warn its invitees of latent dangers on leased premises even if the lessor (State) retains control and responsibility for maintenance, material issues of fact existed regarding whether DFCU breached this duty. However, t
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Del. Super. Ct.·
2005-02-15
The court granted summary judgment for defendants on claims arising under Restatement (Second) of Torts §§ 324A, 410, and 414, finding that the defendants did not exercise the "active control" over the work necessary to establish liability. However, the court denied summary judgm
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851 So. 2d 785·
Fla. 1st DCA·
2003-07-17
A homeowner is not vicariously liable for the physical tortious conduct of a real estate agent, who is considered an independent contractor, unless the premises themselves were unsafe.
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785 So. 2d 1250·
Fla. 3d DCA·
2001-06-06
The court reversed summary judgment for the County, holding that a longshoreman injured by a forklift falling into a pothole was a business invitee owed duties of care despite the absence of a current lease between his employer and the County.
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704 So. 2d 130·
Fla. 1st DCA·
1997-10-15
Marketplace Income Properties appealed a summary judgment in favor of Wal-Mart in a negligence action arising from a criminal assault in a shopping center parking lot. The court reversed, holding that a property development agreement granting both parties joint control over the c
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627 So. 2d 491·
Fla. 5th DCA·
1993-07-23
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984 F.2d 527·
1st Cir.·
1993-01-28
The court held that under Puerto Rico law, a plaintiff in a slip-and-fall case must demonstrate the store owner had actual or constructive notice of the dangerous condition and an opportunity to cure it.
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592 So. 2d 1276·
Fla. 5th DCA·
1992-02-14
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516 So. 2d 984·
Fla. 5th DCA·
1987-11-12
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469 So. 2d 852·
Fla. 3d DCA·
1985-05-07
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665 F.2d 57·
4th Cir.·
1981-10-06
The court held that the district court properly directed a verdict for the defendants because the danger was open and obvious, and neither defendant owed a duty to warn the plaintiff of such a danger.
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499 F.2d 947·
6th Cir.·
1974-06-21
The court held that even if the simple tool doctrine applies to business invitees, the district court erred by instructing the jury that the extension ladder was a simple tool as a matter of law.
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484 F.2d 1362·
10th Cir.·
1973-10-09
The court held that the trial court erred in granting summary judgment, as the plaintiff's allegations regarding the store's actions during the robbery presented a genuine issue of material fact for trial.
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274 So. 2d 249·
Fla. 2d DCA·
1973-03-07
In this negligence case, Marie Bryant alleged she slipped and fell in the appellee's wet parking lot and sued for damages. The trial court granted summary judgment for the defendant, finding no genuine issue of fact, but the appellate court reversed, holding that questions of neg
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248 So. 2d 504·
Fla. 4th DCA·
1971-04-19
This case addresses the classification of a person injured on another's property during a Garden Club tour. The court reversed the trial judge's instruction that classified the plaintiff as a licensee and held she should be classified as an invitee, thereby entitling her to a hig
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425 F.2d 233·
9th Cir.·
1970-04-13
The court held that the defendant's failure to exercise reasonable care to protect a business invitee from the unreasonable risk of harm presented by a split-level floor, despite its obviousness, supported the trial court's finding of negligence.
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33 Fla. Supp. 26·
Hillsborough Cty. Cir. Ct.·
1969-11-21
The court held that a bar owner's duty to patrons includes taking reasonable steps to prevent foreseeable harm from other patrons, even if the specific method of harm is not foreseen.
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410 F.2d 603·
10th Cir.·
1969-05-13
The court held that there was sufficient evidence to support the jury's verdict that the store had constructive notice of the hazardous condition on the floor.