BRANDON MCCONICO
v.
LIQUOR MASTER, INC., D/B/A LIQUOR MASTER #5, ORANGE LIQUORS, INC. AND BLAKE CARLTON PROPERTIES
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A property owner owes no duty to warn an uninvited licensee of the open and obvious danger of criminal assault on the premises.
[1] A property owner owes no duty to warn an uninvited licensee of the open and obvious danger of criminal assault occurring on the premises.
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Court's citation to Barrio v. City of Miami Beach in support of affirming judgment
Brandon McConico was injured in an incident at a liquor store owned by Liquor Master, Inc. and Orange Liquors, Inc., with Blake Carlton Properties inv…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2024-0999 Lower Tribunal No. 2021-CA-010459-O
BRANDON MCCONICO, Appellant,
V.
LIQUOR MASTER, INC., d/b/a LIQUOR MASTER #5, ORANGE LIQUORS, INC., and BLAKE CARLTON PROPERTY, LLC, Appellees.
Appeal from the Circuit Court for Orange County. Eric J. Netcher, Judge.
May 15, 2026
PER CURIAM.
AFFIRMED. See Barrio v. City of Miami Beach, 698 So. 2d 1241, 1244 (Fla. 3d DCA 1997) (finding as a matter of law that the city breached no duty to plaintiff because, as to uninvited licensees, “the danger of crime and criminal assaults is an open and obvious danger for which there is no duty to warn").
NARDELLA, WHITE and BROWNLEE, JJ., concur.
Erin P. Newell, of Open Book Appeals, Fort Lauderdale, and Bruce W. Batts, of Batts Law Group, P.L.L.C., Orlando, for Appellant.
Eleanor H. Sills, of Banker Lopez Gassler, P.A., Tallahassee, and Ezequiel Lugo, of Banker Lopez Gassler, P.A., Tampa, for Appellees.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Noraida N. Barrio v. City OF Miami Beach, 698 So. 2d 1241 (Fla. 3d DCA 1997)