QUALITY INN SOUTH, INC. AND CNA INSURANCE COMPANIES, APPELLANTS/APPELLEES,
v.
LAWRENCE F. WEISS AND NICK MOURGIDES AND OLGA MOURGIDES, APPELLEES/ APPELLANTS
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A guest at a Quality Inn was injured diving into the hotel's swimming pool. The court affirmed summary judgments in favor of the innkeeper and its insurer on a negligence claim, and in favor of the engineer who designed the pool on a contribution/indemnity claim, finding no actionable negligence as a matter of law.
The court held that the innkeeper was not guilty of actionable negligence as a matter of law because the pool met applicable regulations when built, subsequent regulatory changes were minor and of which the innkeeper was unaware, and no prior diving injuries had occurred. Therefore, the summary judgment for the innkeeper and its insurer was proper, and the summary judgment for the engineer on the contribution/indemnity claim was also proper.
[1] An innkeeper is not liable for injuries sustained by a guest in a swimming pool accident if the pool was constructed in compliance with all regulations in effect at the t…
[2] A defendant innkeeper is not liable for a swimming pool accident if the accident was the first of its kind since the pool's construction and the innkeeper could not reaso…
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Join FLexlaw to unlock all legal intelligence“The record affirmatively demonstrates that, as a matter of law, the defendant innkeeper was not guilty of any actionable negligence in this case.”
States the court's principal holding that negligence liability is absent as a matter of law.
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Join FLexlaw to unlock all legal intelligenceNick Mourgides, a guest at Quality Inn South, dove into the defendant innkeeper's swimming pool and hit the bottom, sustaining injuries. The pool and …
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PER CURIAM.
This is a consolidated appeal from (1) a final summary judgment entered in favor of the defendant innkeeper [Quality Inn South, Inc.] and its insurer [CNA Insurance Companies] in a negligence action arising out of a swimming pool accident, and (2) a final summary judgment entered in favor of the engineer who designed the subject swimming pool [Lawrence F. Weiss] on a contribution/indemnity claim filed against him by the defendant innkeeper. We affirm.
It appears without material dispute that the plaintiff Nick Mourgides, a guest of the defendant innkeeper, dove into the innkeeper’s swimming pool, hit bottom, and was injured. The record affirmatively demonstrates that, as a matter of law, the defendant innkeeper was not guilty of any actionable negligence in this case. The swimming pool and diving board, without dispute, were built in 1972 and, when built, met the minimum State Department of Health and Rehabilitation Services regulations then in effect for the construction of swimming pools and diving boards. Although the regulations have since changed in certain limited respects, it is undisputed that the defendant innkeeper was never notified of such changes and under the facts of this case could not reasonably be expected to be aware of such minor changes. This accident was the first such diving mishap in the pool since its construction, and under these circumstances, we see utterly no liability on the part of the defendant innkeeper in this case. See Cassel v. Price, 396 So. 2d 258 (Fla. 1st DCA), pet. for review denied, 407 So. 2d 1102 (Fla.1981); Rice v. Florida Power & Light Co., 363 So. 2d 834 (Fla. 3d DCA 1978), cert. denied, 373 So. 2d 460 (Fla.1979); Biltmore Terrace Assocs. v. Kegan, 130 So. 2d 631 (Fla. 3d DCA 1961), cert. discharged, 154 So. 2d 825 (Fla.1963); compare H.K. Corp. v. Estate of Miller, 405 So. 2d 218 (Fla. 3d DCA 1981).
This being so, it is plain that the summary judgment entered in favor of the defendant innkeeper and its insurer was entirely proper, which necessarily means that the summary judgment entered in favor of the defendant engineer on the contribution/indemnity claim was also proper. Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Arleen S. Rice v. Fla. Power & Light Co., 363 So. 2d 834 (Fla. 3d DCA 1978)
- Cassel v. Price, 396 So. 2d 258 (Fla. 1st DCA 1981)
- Cooper v. State, 396 So. 2d 258 (Fla. 1st DCA 1981)
- Eskind v. City OF Vero Beach, 130 So. 2d 631 (Fla. 2d DCA 1961)
- H. K. Corp. v. Est. OF George W. Miller & Helen Miller, 405 So. 2d 218 (Fla. 3d DCA 1981)
- Kegan v. Biltmore Terrace Assocs., 154 So. 2d 825 (Fla. 1963)