JOSHUA CECIL, APPELLANT,
v.
D'MARLIN, INC., ET AL., APPELLEES

Fla. 3d DCA | 1996-10-16
No. 96-263
Before LEVY, GODERICH and SHEVIN, JJ.
680 So. 2d 1138 Florida District Court of Appeal, Third District (1996) Caution
Cited by 3 cases

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Holding

The court held that the bus driver's conduct did not create a foreseeable zone of risk, thus no legal duty arose to protect the plaintiff from injuries sustained after disembarking.


Facts & Procedural History

The plaintiff was a passenger on a mini-bus owned by D'Marlin and driven by Donofrio. After safely disembarking at his destination, the plaintiff was …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The plaintiff, Joshua Cecil, appeals from a final summary judgment entered in favor of the defendants, D’Marlin, Inc. and Paul Do-nofrio. We affirm.

The plaintiff was a passenger of a mini-bus owned by D’Marlin and driven by Donofrio. When the plaintiff reached his destination, the mini-bus driver stopped the bus and the plaintiff safely disembarked from the bus. Thereafter, he attempted to cross U.S. 1 and was struck by a car. The plaintiff filed a negligence action against the defendants seeking damages for the injuries he sustained. The defendants moved for summary judgment. The trial court granted the motion and entered final summary judgment in favor of the defendants.

Whether a legal duty exists is a question of law, and therefore, an appellate court is permitted to determine whether a legal duty exists under a specific factual scenario. See McCain v. Florida Power Corp., 593 So. 2d 500, 503 (Fla.1992). ‘Where a defendant’s conduct creates a foreseeable zone of risk, the law generally will recognize a duty placed upon defendant either to lessen the risk or see that sufficient precautions are taken to protect others from the harm that the risk poses.” McCain, 593 So. 2d at 503 (quoting Kaisner v. Kolb, 543 So. 2d 732 (Fla.1989)); see also Stahl v. Metropolitan Dade County, 438 So. 2d 14 (Fla. 3d DCA 1983).

In the instant case, since the bus driver’s conduct in no way created a “foreseeable zone of risk,” a legal duty did not arise. Therefore, the defendants cannot be held liable for injuries that the plaintiff sustained when he attempted to cross U.S. 1 after safely disembarking from the mini-bus. Accordingly, we affirm.

The remaining point raised by the plaintiff lacks merit.

Affirmed.


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Citator

Cited By

  • Abelardo Angulo v. Matilde Szklaver, 746 So. 2d 562 (Fla. 3d DCA 1999)
    …zklaver 25% at fault. The plaintiffs were awarded $120,000.00; defendants Mount Sinai and its driver appeal. Generally, a bus driver owes no duty of care to a passenger once that passenger has safely disembarked from the bus. See Cecil v. D’Marlin, 680 So. 2d 1138 (Fla. 3d DCA 1996) (holding that the owner and driver of a minibus could not be held liable for injuries that the plaintiff sustained when he attempted to cross the street after safely disembarking from the minibus); Sheir v. Metropolitan Dade Count…
  • Luckman v. Wills, 306 So. 3d 990 (Fla. 3d DCA 2020)
    …lf cart, Cheeca Lodge owed no further duty of care to him. See Angulo v. Szklaver, 746 So. 2d 562, 563 (Fla. 3d DCA 1999) (concluding that a bus driver owes no duty of care to a passenger who safely disembarks from the bus); Cecil v. D’Marlin, Inc., 680 So. 2d 1138, 1138 (Fla. 3d DCA 1996) (determining that a bus driver did not create a “foreseeable zone of risk” when the passenger disembarked the bus and attempted to cross U.S. 1); Sheir v. Metro. Dade Cty., 375 So. 2d 1114, 1117 (Fla. 3d DCA 1979) (holding t…

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