JUDY WERNDLI, APPELLANT,
v.
THE GREYHOUND CORPORATION, A DELAWARE CORPORATION, APPELLEE

Fla. 2d DCA | 1978-11-17
No. 78-252
BOARDMAN, Acting C. J., and RYDER, J., concur.
365 So. 2d 177 Florida District Court of Appeal, Second District (1978) Caution
Cited by 12 cases

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Synopsis

Judy Werndli sued Greyhound for injuries sustained when she was attacked near a darkened, locked bus terminal in Fort Myers after arriving at 4:15 a.m. The Florida appellate court held that Greyhound, as a common carrier, had a duty to warn passengers at the time of ticket purchase about foreseeable dangers at the destination terminal, including its location in a high-crime area and its closed condition during late-night arrivals.


Holding

Greyhound had a duty to warn the passenger of the foreseeable danger at the time the ticket was purchased. A common carrier must warn passengers of dangers that are reasonably foreseeable and might cause harm, especially where the passenger would not reasonably anticipate the danger. Because Greyhound knew or should have known the Fort Myers terminal was in a high-crime area and would be closed and darkened at the time of the passenger's arrival, it should have informed her of these conditions before she purchased her ticket.


Headnotes

[1] A common carrier has a duty to warn passengers of reasonably foreseeable dangers that could cause harm, particularly when the danger is not one a passenger would likely a…

[2] A bus company has a duty to inform passengers at the time of ticket purchase about potentially dangerous conditions at the destination terminal, such as being closed, loc…

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Key Quotes

“A common carrier is required to exercise the "highest degree of care, foresight, prudence and diligence reasonably demanded at any time by the conditions or circumstances then affecting the passengers and the carrier."”

Establishes the standard of care applicable to common carriers, which both parties agreed applied in this case.

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Facts & Procedural History

Werndli purchased a bus ticket at the St. Petersburg Greyhound terminal for herself and her young son, with the trip scheduled to arrive at the Fort M…

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Opinion of the Court
DANAHY, Judge.

DANAHY, Judge.

The issue before us is whether The Greyhound Corporation was under a duty to warn appellant at the inception of her trip that the bus on which she was traveling would deposit her in a closed, locked and darkened terminal at her destination. We believe that Greyhound did have that duty and accordingly reverse the order of the trial court dismissing appellant’s amended complaint.

Appellant filed suit against Greyhound seeking damages for injuries sustained as a result of an attack by a third party near the Greyhound bus terminal in Fort Myers. Her amended complaint set forth the following facts which we must accept as true:

Appellant purchased a ticket for herself and her young son at the Greyhound bus terminal in St. Petersburg for a trip which would terminate at the Greyhound bus terminal in Fort Myers. The bus departed on schedule at approximately 11:30 p. m. and, after scheduled intermediate stops, arrived at the Fort Myers terminal at approximately 4:15 a. m. When she alighted from the bus after her long ride, appellant observed that the station and restrooms were darkened, closed, and locked. Because she needed to use bathroom facilities and also wished to obtain a cold drink for her thirsty son, appellant left the terminal facilities to cross to a lighted service station. As she walked away from the terminal, she was attacked by an unknown person who caused her severe injuries. The terminal was located in a high crime area of Fort Myers.

The trial judge dismissed the amended complaint because of the failure to allege violation of a duty which Greyhound owed appellant.

Greyhound agrees with appellant that a common carrier is required to exercise the “highest degree of care, foresight, prudence and diligence reasonably demanded at any time by the conditions or circumstances then affecting the passengers and the carrier.” Whitman v. Red Top Sedan Service, Inc., 218 So. 2d 213 (Fla. 3d DCA 1969). Greyhound maintains, however, that any duty on its part terminated absolutely when appellant left its premises after completing her trip.

We find it unnecessary to address that point because Greyhound’s duty arose and was breached at the time appellant purchased her ticket. A common carrier is under a duty to warn passengers of dangers which are reasonably foreseeable and which might cause harm.1 This is especially true in situations where the passenger would not, in the exercise of reasonable care, be likely to anticipate and apprehend the danger. Tietz v. Inter. Ry. Co., 186 N.Y. 347, 78 N.E. 1083 (1906).

Inasmuch as Greyhound knew or should have known that its Fort Myers terminal was located in a high crime area and would be darkened, closed, and locked at the time appellant was due to arrive there in the middle of the night, we believe that Greyhound should have warned or informed appellant of such a potentially dangerous condition in order that she might take that fact into consideration before purchasing her ticket and leaving St. Petersburg.

For these reasons we reverse and remand this case for reinstatement of the amended complaint and for further proceedings consistent with this opinion.

BOARDMAN, Acting C. J., and RYDER, J., concur. . Greyhound has not argued that it is relieved from liability because appellant’s injuries resulted from the intervening criminal act of a third party. We note that the test in such a case is whether the possibility or likelihood of such criminal conduct could reasonably have been foreseen. Angell v. Avanzini Lumber Co., 363 So. 2d 571 (Fla. 2d DCA 1978); Kenny v. Southeastern Pennsylvania Transp., 581 F. 2d 351 (3d Cir. 1978). The last cited case dealt with a criminal attack in a darkened terminal, a situation different from that involved .sub judi-ce and not addressed in this opinion.


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Citator

Cited By

  • Maybell Holley v. MT. Zion Terrace Apts., Inc., 382 So. 2d 98 (Fla. 3d DCA 1980)
    …supported also by several Florida decisions which, in analogous factual and legal settings, likewise hold that one may be liable for failing to protect another from the results of reasonably foreseeable criminal conduct. Werndli v. Greyhound Corp., 365 So. 2d 177 (Fla.2d DCA 1978); Rosier v. Gainesville Inns Associates, 347 So. 2d 1100 (Fla.lst DCA 1977); Rotbart v. Jordan Marsh Co., 305 So. 2d 255 (Fla.3d DCA 1974); Cooper v. IBI Security Service of Florida, Inc., 281 So. 2d 524 (Fla.3d DCA 1973), cert. den…
  • …aQuinta Motor Inns, Inc., 532 So. 2d 1348 (Fla. 1st DCA 1988); Fernandez v. Miami Jai-Alai, Inc., 386 So. 2d 4 (Fla. 3d DCA 1980); Drake v. Sun Bank & Trust Co. of St. Petersburg, 377 So. 2d 1013 (Fla. 2d DCA 1979); Werndli v. Greyhound Corp., Inc., 365 So. 2d 177 (Fla. 2d DCA 1978). The allegations in Mr. Butala’s complaint, however, reflect an ongoing fight on the defendant’s premises. A retailer’s general standard of care may include an obligation to protect a customer from a known ongoing attack. Billy J…
  • Werndli v. Greyhound Lines, Inc., 412 So. 2d 384 (Fla. 2d DCA 1982)
    …the middle of the night, we believe that Greyhound should have warned or informed appellant of such a potentially dangerous condition in order that she might take that fact into consideration before purchasing her ticket and leaving St. Petersburg. 365 So. 2d 177, 178. Subsequent to our remand for further proceedings, appellant joined appellees Samuel W. Banks and his insurer (Banks) as additional defendants. Banks is the subles-see of the Fort Myers Greyhound terminal and operates it for Greyhound. After…
    1 / 2

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