YADIRA BORGES AND ERNESTO BORGES
v.
CITIZENS PROPERTY INSURANCE CORPORATION

Fla. 3d DCA | 2022-09-30
No. 21-0216
Goodrich, Kalodner, McLaughlin
Florida District Court of Appeal, Third District (2022)

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Headnotes

[1] A proprietor of premises owes a duty of care to business guests, and a case may be submitted to a jury when some evidence, though not overwhelming, supports a finding of…

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Opinion of the Court

PER CURIAM

This is an appeal from a judgment for the plaintiff in an action brought to recover for personal injuries claimed to have been suffered from a fall in defendant’s hotel. The parties are not in dispute about the principle of law which governs such a case and each agrees with the general statement of the obligation of the proprietor of premises to a business guest found in the Restatement of Torts. The disputed point is whether there was sufficient evidence of violation of the duty of care to justify a jury verdict for the plaintiff. It is not a very strong case but we think there is enough to justify its submission to a jury. It was so submitted and the jury decided for. the plaintiff. .

The judgment will be affirmed.


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