AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

WILLIAM L. FELTON, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CLINT JAMES FELTON, DECEASED, APPELLANT, v. WEST GABLES HOMES, INC., POPULAR CONSTRUCTION CORPORATION AND IBER-TRADE, INC., APPELLEES.

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 Wn. 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.

Use AI to get other relevant cases.

Comments

FELTON v. WEST GABLES HOMES, INC
(Mar 11, 1986)