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BLOCKER v. WJA REALTY LTD PARTNERSHIP

District Court of Appeal of Florida, Second District
Apr 18, 1990
559 So. 2d 291 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-02049.

March 28, 1990. Rehearing Denied April 18, 1990.

Appeal from the Circuit Court, Hillsborough County, J.C. Cheatwood, J.

Frederick W. Vollrath, Tampa, for appellant.

D. James Kadyk of MacFarlane, Ferguson, Allison Kelly, Tampa, for appellee.


In this personal injury action we affirm the trial court's dismissal of the complaint with prejudice. The dismissal was on the basis that there was no breach of duty to plaintiff from defendant Jai Alai Fronton owner, who operated a valet parking service, having returned a car to its obviously intoxicated owner whose negligent driving then caused injury to plaintiff. Knighten v. Sam's Parking Valet, 206 Cal.App.3d 69, 253 Cal. Rptr. 365 (1988); Mills v. Continental Parking Corp., 86 Nev. 724, 475 P.2d 673 (1970). See Barnes v. B.K. Credit Service, Inc., 461 So.2d 217 (Fla. 1st DCA 1984), review denied, 467 So.2d 999 (Fla. 1985); Reed v. Black Caesar's Forge Gourmet Restaurant, Inc., 165 So.2d 787 (Fla. 3d DCA 1964), cert. denied, 172 So.2d 597 (Fla. 1965) (no duty owed to injured plaintiff by defendant who served alcoholic beverages to plaintiff who left defendant's establishment while intoxicated in an automobile and was in an automobile accident). See also Vic Potamkin Chevrolet, Inc. v. Horne, 505 So.2d 560 (Fla. 3d DCA 1987) (en banc); Horne v. Vic Potamkin Chevrolet, Inc., 533 So.2d 261 (Fla. 1988) (no duty owed to injured plaintiff by automobile dealer who sold car to driver whom dealer knew was incompetent behind the wheel and who then injured plaintiff in automobile accident).

Affirmed.

THREADGILL and PARKER, JJ., concur.


Summaries of

BLOCKER v. WJA REALTY LTD PARTNERSHIP

District Court of Appeal of Florida, Second District
Apr 18, 1990
559 So. 2d 291 (Fla. Dist. Ct. App. 1990)
Case details for

BLOCKER v. WJA REALTY LTD PARTNERSHIP

Case Details

Full title:JAMES KELVIN BLOCKER, APPELLANT, v. WJA REALTY LIMITED PARTNERSHIP, D/B/A…

Court:District Court of Appeal of Florida, Second District

Date published: Apr 18, 1990

Citations

559 So. 2d 291 (Fla. Dist. Ct. App. 1990)

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