JAMES KELVIN BLOCKER, APPELLANT,
v.
WJA REALTY LIMITED PARTNERSHIP, D/B/A TAMPA WORLD JAI ALAI, APPELLEE
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Florida appellate court affirmed dismissal of personal injury action, holding that a jai alai fronton owner operating a valet parking service owed no duty of care to a third party injured by the negligent driving of an intoxicated patron to whom the valet returned a vehicle.
A valet parking service operator owes no duty of care to third parties injured by an intoxicated patron's negligent driving after the valet returns the patron's vehicle.
[1] A valet parking service operator who returns a vehicle to an obviously intoxicated patron owes no duty of care to third parties subsequently injured by the patron's negli…
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Join FLexlaw to unlock all legal intelligencePlaintiff was injured in an automobile accident caused by negligent driving of an intoxicated patron of a jai alai fronton who had used the defendant'…
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LEHAN, Acting Chief Judge.
In this personal injury action we affirm the trial court’s dismissal of the complaint with prejudice. The dismissal was on the basis that there was no breach of duty to plaintiff from defendant Jai Alai Fronton owner, who operated a valet parking service, having returned a car to its obviously intoxicated owner whose negligent driving then caused injury to plaintiff. Knighten v. Sam’s Parking Valet, 206 Cal.App.3d 69, 253 Cal.Rptr. 365 (1988); Mills v. Continental Parking Corp., 86 Nev. 724, 475 P. 2d 673 (1970). See Barnes v. B.K. Credit Service, Inc., 461 So. 2d 217 (Fla. 1st DCA 1984), review denied, 467 So. 2d 999 (Fla.1985); Reed v. Black Caesar’s Forge Gourmet Restaurant, Inc., 165 So. 2d 787 (Fla. 3d DCA 1964), cert. denied, 172 So. 2d 597 (Fla.1965) (no duty owed to injured plaintiff by defendant who served alcoholic beverages to plaintiff who left defendant’s establishment while intoxicated in an automobile and was in an automobile accident). See also Vic Potamkin Chevrolet, Inc. v. Horne, 505 So. 2d 560 (Fla. 3d DCA 1987) (en banc); Horne v. Vic Potamkin Chevrolet, Inc., 533 So. 2d 261 (Fla.1988) (no duty owed to injured plaintiff by automobile dealer who sold car to driver whom dealer knew was incompetent behind the wheel and who then injured plaintiff in automobile accident).
Affirmed.
THREADGILL and PARKER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Weber v. Marino Parking Sys., Inc., 100 So. 3d 729 (Fla. 2d DCA 2012)…r. Marino Parking moved to dismiss, arguing that it owed no such duty. The circuit court granted the motion and dismissed the suit against the valet service. In so ruling, it relied on this court’s decision in Blocker v. WJA Realty Ltd. Partnership, 559 So. 2d 291 (Fla. 2d DCA 1990), which affirmed the dismissal of a suit against a valet service for returning a car to an obviously intoxicated owner. Weber argues that Blocker is no longer good law following the decision in Kitchen v. K-Mart Corp., 697 So. 2d 1…
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Thomas v. Est. OF Guy Charles Parras, 562 So. 2d 786 (Fla. 2d DCA 1990)…created no additional right of action against Suncoast as a result of any negligence or wrongdoing on the part of Parras. The applicable law in this case is, therefore, indistinguishable from that stated in Blocker v. WJA Realty Limited Partnership, 559 So. 2d 291 (Fla. 2d DCA 1990). The dismissal with prejudice as to appel-lee Suncoast is affirmed. CAMPBELL, C.J., and SCHEB and PATTERSON, JJ., concur.…
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Bardy v. Walt Disney World Co., 643 So. 2d 46 (Fla. 5th DCA 1994)…787 (Fla. 3d DCA 1964), cert. denied, 172 So. 2d 597 (Fla.1965) (restaurant owed no duty to refuse to deliver car to obviously intoxicated patron who subsequently drove into Biscayne Bay and drowned). See also Blocker v. WJA Realty Ltd. Partnership, 559 So. 2d 291 (Fla. 2d DCA 1990) (operator of valet parking service breached no duty to plaintiff by returning car to obviously intoxicated owner whose negligent driving subsequently caused injury to plaintiff); Goodell v. Nemeth, 501 So. 2d 36 (Fla. 2d DCA 1986)…
Authorities Cited
- Shearson Lehman Bros., Inc. v. Pujol, 505 So. 2d 560 (Fla. 3d DCA 1987)
- Junie Horne v. VIC Potamkin Chevrolet, Inc., 533 So. 2d 261 (Fla. 1988)
- Barnes v. B.K. Credit Serv., Inc., 461 So. 2d 217 (Fla. 1st DCA 1984)
- Lorna Reed v. Black Caesar's Forge Gourmet Rest., Inc., 165 So. 2d 787 (Fla. 3d DCA 1964)
- Lorenz v. Jiminez, 172 So. 2d 597 (Fla. 1965)
- Cannon v. State ex rel. Jensen, 172 So. 2d 597 (Fla. 1965)