LLOYD HAZEL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1996-12-11
No. 95-2690
Before SCHWARTZ, C.J., and JORGENSON and FLETCHER, JJ.
685 So. 2d 46 Florida District Court of Appeal, Third District (1996) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM. .

PER CURIAM. .

Affirmed. Arias v. State, 681 So. 2d 845 (Fla. 3d DCA 1996).


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  • Williams v. Davis, 974 So. 2d 1052 (Fla. 2007)
    …f Pinellas Park v. Brown, 604 So. 2d 1222, 1224-25 (Fla.1992) (concluding that police participating in a vehicular pursuit owed a duty to third-party motorists injured in a collision with the fleeing criminal’s vehicle); accord Napoli v. Buchbinder, 685 So. 2d 46, 47 (Fla. 4th DCA 1996) (holding that the trial court erred in failing to apply McCain when granting the defendants' motion for summary judgment in a wrongful death action that alleged the design of the defendants parking lot and placement of a stop…
  • Ileana Whitt v. Eli Silverman, 788 So. 2d 210 (Fla. 2001)
    …esulting from visual obstructions to motorists have recognized and applied McCain’s foreseeability analysis to determine whether the landowner owed a duty of care and whether that duty was breached in a particular instance. See Napoli v. Buchbinder, 685 So. 2d 46, 47 (Fla. 4th DCA 1996) (holding that plaintiffs wrongful death action alleging that design [*218] of parking lot and placement of stop sign which contributed to accident created a material question of fact as to whether defendant’s alleged negligen…
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  • Cheeks v. Joseph E. Dorsey, M.D., 846 So. 2d 1169 (Fla. 4th DCA 2003)
    …rthouse doors are open. As is obvious, a defendant might be under a legal duty of care to a specific plaintiff, but still not be liable for negligence because proximate causation cannot be proven. Id. at 503(footnote omitted); Napoli v. Buchbinder, 685 So. 2d 46, 47 (Fla. 4th DCA 1996). “The proper way of determining whether a duty existed is to decide whether the defendant’s actions created a foreseeable zone of risk, not by whether the specific injury suffered was foreseeable by the defendant.” See Fla. P…

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