GLORIA DAWN JONES, APPELLANT,
v.
DARLENE DOWDY AND MUNFORD, INC., D/B/A MAJIK MARKET, APPELLEES
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CAMPBELL, Judge.
This is an appeal from a summary judgment in favor of appellee, Munford, Inc., a defendant below. Appellant, Gloria Dawn Jones, sued appellee for its alleged failure to use due care to protect appellant against damages caused by the negligent or wrongful acts of third persons which appellee should have reasonable cause to anticipate. We affirm.
Appellee is the owner of numerous neighborhood convenience stores known as Majik Markets. Appellant was a customer who was shopping inside one of appellee’s stores. Appellee’s store was typical of most convenience stores. It had an enclosed glass front with a sidewalk about ten to twelve feet wide along the length of the front of the building. The sidewalk was raised about six inches above the level of the parking lot also in front of the store. The edge of the sidewalk bordering the parking area was painted yellow. Appellant was injured when an automobile driven by Darlene Dowdy crossed over the sidewalk and crashed through the glass front of appellee’s store. This ease is virtually identical to Schatz v. 7-Eleven, Inc., 128 So. 2d 901 (Fla. 1st DCA 1961). We affirm the summary judgment for appellee on the authority of Schatz.
DANAHY, A.C.J., and SCHOONOVER, J., concur.
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Springtree Props., Inc. v. Hammond, 692 So. 2d 164 (Fla. 1997)…Schatz, a third party negligently propelled her vehicle over a curb, across a sidewalk, and into the defendant’s store. 128 So. 2d at 902. The vehicle struck and injured a business patron located inside the store. Id. Likewise, both Jones v. Dowdy, 443 So. 2d 467 (Fla. 2d DCA 1984), and Krispy Kreme Doughnut Co. v. Cornett, 312 So. 2d 771 (Fla. 1st DCA 1975), cert. denied, 330 So. 2d 16 (Fla.1976), involved injuries that occurred when a vehicle entered a store and injured a customer located therein. In Jones…
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Regala Dennis v. City OF Tampa, 581 So. 2d 1345 (Fla. 2d DCA 1991)…owing under that duty has been quite limited. Generally, the standard of care requires only some reasonable response from a possessor of land who has actual or constructive knowledge of a third person’s dangerous conduct. See, e.g., Jones v. Dowdy, 443 So. 2d 467 (Fla. 2d DCA 1984); Elmore v. Sones, 140 So. 2d 59 (Fla. 2d DCA 1962); Kolosky v. Winn Dixie Stores, Inc., 472 So. 2d 891 (Fla. 4th DCA 1985), review denied, 482 So. 2d 350 (Fla.1986); Hilgenhurst v. Knight-Ridder Newspaper, Inc., 400 So. 2d 523 (Fl…
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The LAS Olas Holding Co. v. Demella, 228 So. 3d 97 (Fla. 4th DCA 2017)…exercise ordinary care to maintain their premises in a reasonábly safe condition, they have no duty to protect patrons from injuries caused by a vehicle driven through a window and into the store.” Graham, 683 So. 2d at 1148 (citing Jones v. Dowdy, 443 So. 2d 467, 467 (Fla. 2d DCA 1984); Schatz v. 7-Eleven, Inc., 128 So. 2d 901, 904 (Fla. 1st DCA 1961)); see also Food Fair, Inc. v. Gold, 464 So. 2d 1228, 1229-31 (Fla. 3d DCA 1985) (reversing and remanding for the trial court to enter a directed verdict in fa…
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- Schatz v. 7-Eleven, Inc., 128 So. 2d 901 (Fla. 1st DCA 1961)