CORINA DAWSON PARKER
v.
HOTEL LAKE PLACID, LLC D/B/A HOLIDAY INN EXPRESS
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A property owner is not liable for injuries to an invitee when the invitee fails to exercise reasonable care for her own safety and the dangerous condition would have been obvious upon ordinary use of the senses.
[1] A property owner has the right to assume that an invitee will perceive conditions that would be obvious upon ordinary use of the senses, and the owner is not required to…
[2] On summary judgment in negligence cases, after the moving party meets its initial burden, the non-moving party must identify affirmative evidence creating a genuine dispu…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The law does not require a proprietor of a public place to maintain his premises in such condition that an accident could not possibly happen to a customer. Plaintiff was in turn obligated to exercise a reasonable degree of care for her own safety.”
Court citing Earley v. Morrison Cafeteria Co. of Orlando and related cases on property owner liability
Corina Dawson Parker was injured at Hotel Lake Placid, LLC (Holiday Inn Express) and sued for damages. The trial court granted summary judgment in fav…
The full statement of facts, procedural history, and disposition for this case are member content.
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2024-2007 Lower Tribunal No. 2022-CA-000124
CORINA DAWSON PARKER, Appellant,
v.
HOTEL LAKE PLACID, LLC d/b/a/ HOLIDAY INN EXPRESS, Appellee.
Appeal from the Circuit Court for Highlands County. Peter F. Estrada, Judge.
June 12, 2026
PER CURIAM.
AFFIRMED. See Earley v. Morrison Cafeteria Co. of Orlando, 61 So. 2d 477, 478 (Fla. 1952) (“[I]t is . . . well settled that the proprietor has a right to assume that the invitee will perceive that which would be obvious to him upon the ordinary use of his own senses. “The law does not require a proprietor of a public place to maintain his premises in such condition that an accident could not possibly happen to a customer. Plaintiff was in turn obligated to exercise a reasonable degree of care for her own safety." (first citing Miller v. Shull, 48 So. 2d 521, 522 (Fla. 1950); and then quoting Matson v. Tip Top Grocery Co., 9 So. 2d 366, 368 (Fla. 1942))); Bensen v. Privilege Underwriters Reciprocal Exch., 401 So. 3d 390, 394 (Fla. 6th DCA 2023) (explaining that after the moving party meets its initial burden on summary judgment, the burden shifts to the non-moving party, which "must do more than simply show that there is some metaphysical doubt as to the material facts" and "must go beyond the pleadings and 'identify affirmative evidence' that creates a genuine dispute of material fact" (quoting Brevard Cnty. v. Waters Mark Dev. Enters., LC, 350 So. 3d 395, 398 (Fla. 5th DCA 2022))).
STARGEL, MIZE and KAMOUTSAS, JJ., concur.
Morgan Weinstein, of Twig, Trade, & Tribunal, PLLC, Fort Lauderdale, for Appellant.
Mihaela Cabulea and Emily C. Smith, of Butler Weihmuller Katz Craig LLP, and Robert P. Kelly, of Law Office of Robert P. Kelly, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF FILED
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Matson v. TIP TOP Grocery Co., Inc., 151 Fla. 247 (Fla. 1942)
- Miller v. Shull, 48 So.2d 521 (Fla. 1950)
- Brevard Cnty. v. Waters Mark Dev. Enters., LC, 350 So. 3d 395 (Fla. 5th DCA 2022)