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Winn-Dixie Stores, Inc. v. Carn

District Court of Appeal of Florida, Fourth District
Aug 29, 1985
473 So. 2d 742 (Fla. Dist. Ct. App. 1985)

Summary

In Winn-Dixie, the court found that the trial court erred in failing to direct a verdict for the defendant store owner where the plaintiff was injured by a car which left a public roadway and hit the plaintiff while he was standing on a public sidewalk.

Summary of this case from Springtree Properties, Inc. v. Hammond

Opinion

No. 84-994.

June 19, 1985. Rehearing and Rehearing En Banc Denied August 29, 1985

Appeal from the Circuit Court, Palm Beach County, John D. Wessel, J.

Montalto Blank, Miami, and Larry Klein of Klein Beranek, P.A., West Palm Beach, for appellant.

Jeffrey Colbath, West Palm Beach, and Edna L. Caruso of Edna L. Caruso, P.A., West Palm Beach, for appellees.


We reverse the judgment and hold that the trial court erred in failing to direct a verdict for appellant, Winn-Dixie Stores, Inc., on a claim for injuries sustained by appellees, Kathleen Carn and Patricia Carn, when an automobile left the public roadway and struck appellees on the public sidewalk in front of appellant's store.

In essence, appellees' theory of liability was that appellant should be held liable because the store's exit opened onto a public sidewalk which was adjacent to a busy street. In Schatz v. 7-Eleven, Inc., 128 So.2d 901 (Fla. 1st DCA 1961), Chief Judge Wigginton summed up our view of the instant situation in an opinion which approved the entry of summary judgment for a store owner under similar circumstances:

We are not unmindful of the obvious fact that at times operators lose control over the forward progress and direction of their vehicles either through negligence or as a result of defective mechanisms, which sometimes results in damage or injury to others. In a sense all such occurrences are foreseeable. They are not, however, incidents to ordinary operation of vehicles, and do not happen in the ordinary and normal course of events. When they happen, the consequences resulting therefrom are matters of chance and speculation. If as a matter of law such occurrences are held to be foreseeable and therefore to be guarded against, there would be no limitation on the duty owed by the owners of establishments into which people are invited to enter. Such occurrences fall within the category of the unusual or extraordinary, and are therefore unforeseeable in contemplation of the law.

There is nothing about the facts of this case that distinguish it from the situation and holding in Schatz.

Accordingly, we reverse the judgment with directions that judgment be entered in favor of appellant.

HURLEY, J., and SALMON, MICHAEL H., Associate Judge, concur.


Summaries of

Winn-Dixie Stores, Inc. v. Carn

District Court of Appeal of Florida, Fourth District
Aug 29, 1985
473 So. 2d 742 (Fla. Dist. Ct. App. 1985)

In Winn-Dixie, the court found that the trial court erred in failing to direct a verdict for the defendant store owner where the plaintiff was injured by a car which left a public roadway and hit the plaintiff while he was standing on a public sidewalk.

Summary of this case from Springtree Properties, Inc. v. Hammond

ordering directed verdict for Winn-Dixie in case arising from injury after auto left public roadway and struck plaintiff who was standing on public sidewalk in front of store

Summary of this case from Hammond v. Springtree Properties

In Winn-Dixie the plaintiffs were injured by a car which left the public roadway in front of the grocery store and struck appellee on the public sidewalk.

Summary of this case from Cohen v. Schrider
Case details for

Winn-Dixie Stores, Inc. v. Carn

Case Details

Full title:WINN-DIXIE STORES, INC., APPELLANT, v. KATHLEEN CARN AND PATRICIA CARN…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 29, 1985

Citations

473 So. 2d 742 (Fla. Dist. Ct. App. 1985)

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