Felton v. West Gables Homes, Inc.

District Court of Appeal of Florida

Felton v. West Gables Homes, Inc.

484 So. 2d 639, 11 Fla. L. Weekly 626, 1986 Fla. App. LEXIS 6857

CourtDistrict Court of Appeal of Florida

DecidedMarch 11, 1986

DocketNo. 85-1332

StatusPublished

Cited by1 cases

This text of 484 So. 2d 639 (Felton v. West Gables Homes, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Felton v. West Gables Homes, Inc., 484 So. 2d 639, 11 Fla. L. Weekly 626, 1986 Fla. App. LEXIS 6857 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

The record demonstrates the existence of genuine issues, among others, as to whether the decedent was an implied invitee on defendant’s premises who was owed a duty of reasonable care under the doctrine contained in Restatement (Second) of Torts § 367 (1965), see Holland Builders, Inc. v. Leck, 395 So.2d 579 (Fla. 4th DCA 1981), pet. for rev. dismissed, 402 So.2d 610 (Fla.1981); Rogers v. Bray, 16 Wash.App. 494, 557 P.2d 28 (1976); whether he was instead a licensee, and whether, if so, the defect which caused the accident was not open to ordinary observation and thus constituted a breach of the duty owed to persons in that status. Collom v. Holton, 449 So.2d 1003 (Fla. 2d DCA 1984); Florida East Coast R. Co. v. Shulman, 481 So.2d 965 (Fla. 3d DCA 1986). Accordingly, the summary judgment entered for the defendants below is reversed and the cause remanded for trial.

Reversed.

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PER CURIAM.

The record demonstrates the existence of genuine issues, among others, as to whether the decedent was an implied invitee on defendant’s premises who was owed a duty of reasonable care under the doctrine contained in Restatement (Second) of Torts § 367 (1965), see Holland Builders, Inc. v. Leck, 395 So.2d 579 (Fla. 4th DCA 1981), pet. for rev. dismissed, 402 So.2d 610 (Fla.1981); Rogers v. Bray, 16 Wash.App. 494, 557 P.2d 28 (1976); whether he was instead a licensee, and whether, if so, the defect which caused the accident was not open to ordinary observation and thus constituted a breach of the duty owed to persons in that status. Collom v. Holton, 449 So.2d 1003 (Fla. 2d DCA 1984); Florida East Coast R. Co. v. Shulman, 481 So.2d 965 (Fla. 3d DCA 1986). Accordingly, the summary judgment entered for the defendants below is reversed and the cause remanded for trial.

Reversed.

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484 So. 2d 639, 11 Fla. L. Weekly 626, 1986 Fla. App. LEXIS 6857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felton-v-west-gables-homes-inc-fladistctapp-1986.

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