Michael & Philip, Inc. v. Sierra

776 So. 2d 294, 2000 WL 1781442
CourtDistrict Court of Appeal of Florida
DecidedDecember 6, 2000
Docket4D99-2368
StatusPublished
Cited by18 cases

This text of 776 So. 2d 294 (Michael & Philip, Inc. v. Sierra) 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.

Bluebook
Michael & Philip, Inc. v. Sierra, 776 So. 2d 294, 2000 WL 1781442 (Fla. Ct. App. 2000).

Opinion

776 So.2d 294 (2000)

MICHAEL & PHILIP, INC., d/b/a World Gym, Appellant,
v.
Denise SIERRA, Appellee.

No. 4D99-2368.

District Court of Appeal of Florida, Fourth District.

December 6, 2000.
Rehearing Denied January 31, 2001.

*295 Sharon Lee Stedman, Orlando and Daniel J. Koleos of Luks, Koleos & Santaniello, P.A., Fort Lauderdale, for appellant.

Todd R. Schwartz of Ginsberg & Schwartz and Brumer & Kaufman, Miami, for appellee.

TAYLOR, J.

A jury returned a verdict for a motorist injured when her car was rear-ended by the driver of a stolen vehicle fleeing from the police. Several hours before the accident, the driver had stolen the keys to the car from a key board at World Gym and then driven the car out of the gymnasium's parking lot. The injured motorist sued World Gym and the owner of the stolen car. The plaintiff premised World Gym's liability upon its negligence in failing to take sufficient measures to secure the car keys and protect them from theft. Because we find error in the trial court's ruling that World Gym owed a duty to plaintiff as a matter of law, we reverse.

On December 14, 1995, Sheldon Golding, a Fort Lauderdale criminal defense attorney, went to World Gym for a workout. He had been exercising there for about two years. Golding parked his Lexus in front of the gym, went inside, changed clothes, and returned to his car to store his clothes and other personal belongings. Before working out, Golding hung his keys on a key board located near the gym's entrance and directly across from the front desk. About thirty minutes later, Golding returned to the key board to retrieve his keys. He discovered that they were missing. When he went outside to the parking lot, he saw that his car was also missing. He reported the theft to World Gym and the Fort Lauderdale police.

Michael Smallcorn, president and co-owner of World Gym, was attending the front desk on the day of the incident. Near the desk and key board was an area open to the public, where World Gym sold Tshirts and athletic clothing, displayed magazines, and operated a juice bar. Around noon that day, Smallcorn greeted a man who entered the gym and bought a shake from the juice bar. Shortly thereafter, the man, later identified as Craig Caruso, *296 left. Smallcorn was unaware that Caruso had removed Golding's keys from the key board.

Caruso drove away from the parking lot in Golding's car. Close to midnight that evening, a police officer responded to a call of a suspicious vehicle at a gas station. When the officer approached the vehicle to investigate, Caruso sped away in Golding's car. Caruso's high-speed flight ended when he rear-ended Denise Sierra's vehicle. Sierra was stopped at a red light and suffered injuries as a result of the impact.

Sierra (plaintiff) filed this action against World Gym on the theory that World Gym was negligent in providing an unsecured and unmonitored key board for its patrons' keys and failing to take sufficient precautions to prevent theft of their keys and cars. At the close of plaintiffs case, and again at the close of all the evidence, World Gym moved for a directed verdict on liability, arguing that there had been no showing of any duty on the part of World Gym toward plaintiff and that, even if any duty initially existed, the collision was so remote in time and place as to prevent any breach of that duty from being a proximate cause of plaintiffs injuries. The trial court deferred ruling on these motions. After the jury verdict for plaintiff, World Gym renewed its motion for judgment notwithstanding the verdict and raised the same issues by post-trial motions. These motions were denied and this appeal followed.

The issue is this case is whether World Gym was under a legal duty of care to the plaintiff so as to impose liability upon World Gym for her automobile accident injuries. The issue of whether a duty of care exists in a negligence action is a question of law. See Florida Power & Light Co. v. Periera, 705 So.2d 1359 (Fla. 1998); McCain v. Florida Power Corp., 593 So.2d 500 (Fla.1992). The Periera court stated that there are two distinct issues in a negligence case: duty and proximate cause. "The duty element of negligence focuses on whether the defendant's conduct foreseeably created a broader `zone of risk' that poses a general threat of harm to others ... The proximate causation element, on the other hand, is concerned with whether and to what extent the defendant's conduct foreseeably and substantially caused the specific injury that actually occurred." 705 So.2d at 1361 (quoting McCain, 593 So.2d at 502). The issue of proximate cause is generally a question of fact, which does not become relevant until it has been established that a duty exists. Id.

In determining the threshold issue of whether World Gym owed plaintiff a duty, we must consider whether the gym's conduct in maintaining an unsecured storage area for its patrons' keys created a foreseeable "zone of risk" that posed a general threat of harm to others. For, "[w]here a defendant's conduct creates a foreseeable zone of risk, the law generally will recognize a duty placed upon defendant either to lessen the risk or see that sufficient precautions are taken to protect others from the harm that the risk poses." McCain, 593 So.2d at 504 (citing Kaisner v. Kolb, 543 So.2d 732, 735 (Fla.1989)). As the supreme court explained in McCain, foreseeability is a key factor in defining the boundaries of the general duty to avoid negligent acts or omissions. Id. at 503. "Florida, like other jurisdictions, recognizes that a legal duty will arise whenever a human endeavor creates a generalized and foreseeable risk of harming others." Id.

In Palm Beach-Broward Medical Imaging Ctr., Inc. v. Continental Grain Co., 715 So.2d 343 (Fla. 4th DCA 1998), we stated:

In applying the "foreseeable zone of risk" test to determine the existence of a legal duty, the supreme court has focused on the likelihood that a defendant's conduct will result in the type of injury suffered by the plaintiff. This aspect of foreseeability requires a court to evaluate whether the type of negligent act involved in a particular case has *297 so frequently previously resulted in the same type of injury or harm that `in the field of human experience' the same type of result may be expected again.

Id. at 345 (citation omitted).

We begin our legal duty analysis by examining World Gym's conduct in a light most favorable to the plaintiff. It is undisputed that the gym undertook the service of providing a place for members to store their keys while they exercised in the gym. Plaintiff asserts that the gym's conduct created a "dangerous invitation to theft," because the key board was placed near the front door of the gym, just a few feet from an area accessible to the public. Although the key board was located directly across from the front desk, the gym personnel on desk duty did not monitor the keyboard. There were no signs posted warning members that they deposited keys there at their own risk. According to the plaintiff, the keyboard "instilled in gym members a false sense of security and offered a convenient alternative to safeguarding their keys in a locker or on their person." Golding testified that he customarily placed his keys there because he assumed that they would be monitored and secure.

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Bluebook (online)
776 So. 2d 294, 2000 WL 1781442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-philip-inc-v-sierra-fladistctapp-2000.