HARRY R. WAGNER, APPELLANT,
v.
GORDON OWENS, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A personal injury plaintiff appealed a directed verdict granted to a defendant in a water skiing accident involving an outboard motor. The court affirmed, holding that the plaintiff, as a licensee, was owed only a duty to refrain from wanton negligence or intentional conduct, and that the plaintiff's own act of wrapping the rope around his hand was an independent intervening cause that broke the chain of causation.
The trial court correctly directed a verdict for the defendant. Although a property owner owes a licensee a duty to refrain from wanton negligence or willful misconduct and may owe a duty to warn of known dangerous defects not open to ordinary observation, the plaintiff's independent act of wrapping the rope around his hand constituted an intervening efficient cause that broke the chain of proximate causation between any alleged negligence and the injury.
“The duty owed a licensee is to refrain from wanton negligence or wilful misconduct which would injure him, or to refrain from intentionally exposing him to danger.”
Establishes the limited duty owed to a licensee under Florida law, which is the applicable standard in this case.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe defendant invited the plaintiff and his wife water skiing using the defendant's boat and outboard motor. The defendant asked the plaintiff to star…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Duty Of Care To Licensee cases and more on FLexlaw
Plaintiff-appellant seeks review of a Final Judgment entered upon a directed verdict in favor of Defendant-appellee. Plaintiff had sued Defendant for personal injuries suffered by him while attempting *182to start an outboard motor, owned by the Defendant.
Briefly the facts are these: Defendant invited Plaintiff and his wife to go water skiing, using Defendant’s boat and outboard motor. The Defendant asked Plaintiff to start the motor. This motor was equipped with an electric starter which was not working. It was also equipped with a hand operated starting rope, which had a hand grip on the end. The Plaintiff grasped a part of the starting rope, which was hanging loose from the motor, wrapped it around his hand and jerked it, in an effort to start the motor. Defendant, at this time, was out of the boat standing in water and did not see what the Plaintiff was doing. The evidence shows that on Plaintiff’s third attempt the motor misfired, causing the rope to recoil and pulling Plaintiff against the motor. The evidence further shows that the Plaintiff was an experienced garage mechanic and owned an outboard motor himself. The Defendant, called as an adverse witness, testified concerning previous trouble with the motor, but further testified that he had always used the hand grip on the rope and that if it recoiled, it was merely pulled out of his hand. Construing the evidence most favorably to Plaintiff, it would appear that Defendant gave him no warning concerning trouble with the motor, other than that the starter was not working.
We conclude that, under the circumstances related, the trial Court was correct in directing a verdict in favor of the Defendant. Plaintiff’s status was that of licensee, even though he was attempting to start the motor at Defendant’s request. (Cochran v. Abercrombie (Fla.App.) 118 So.2d 636, 79 A.L.R.2d 986). The duty owed to a licensee is set out by the Florida Supreme Court in McNulty v. Hurley, (Fla.) 97 So.2d 185, to be as follows:
“The duty owed a licensee is to refrain from wanton negligence or wilful misconduct which would injure him, or to refrain from intentionally exposing him to danger. City of Boca Raton v. Mattef, Fla.1956, 91 So.2d 644. There may be a further duty to the licensee to warn him of a defect or condition known to the owner or occupant to be dangerous when such danger is not open to ordinary observation by the licensee. Goldberg v. Straus, Fla. 1950, 45 So.2d 883; 65 C.J.S. Negligence § 35g; Prosser, Torts, Sec. 77 p. 450; Restatement, Torts, Sec. 342, Comment d.”
In the instant case there could be no claim of wanton negligence or wilful misconduct, nor could it be said that Defendant intentionally exposed the Plaintiff to danger. The only point which Plaintiff could possibly argue is a failure to warn him of a defect or condition. Even if such failure could be construed as a negligent act of omission, we are of the opinion that it would not justify recovery here. The doctrine of proximate cause comes into play. This doctrine is thoroughly discussed in the case of General Telephone Co. of Fla., Inc. v. Mahr, and cases cited therein (Fla.App., 153 So.2d 13) and reads as follows:
“ ‘If an independent efficient cause intervenes between the negligence and the injury, and the original negligence does not directly contribute to the force or effectiveness of the intervening cause, the original negligence is not regarded as a proximate cause of the injury, even though the injury might not have occurred but for the original negligence. A proximate cause stands next in causal relation to the effect. * * * A proximate cause produces the result in continuous sequence, and without which the result would not have occurred.’ ”
Clearly, in the instant case, the act of the Plaintiff, in wrapping the rope around his hand, was the independent efficient cause which intervened and which was responsible for Plaintiff’s injury.
Affirmed.
SMITH, C. J., and KANNER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
HIX v. Billen, 284 So. 2d 209 (Fla. 1973)…. BOYD, J., dissents. . Citing Anno. 79 A.L.R.2d 990; W. Prosser, Law of Torts, 2d ed., § 77 (p. 445) ; Restatement of Torts, § 341 and specific cases set forth in the opinion. . Gale v. Tuerk, 200 So. 2d 261 (Fla.App.4th 1967) ; Wagner v. Owens, 155 So. 2d 181 (Fla. App.2d 1963) (a guest helping to repair an outboard motor) ; Pinson v. Barlow, 209 So. 2d 722 (Fla.App.2d 1968) (helping with the family pickling) ; and like cases.…
-
Billen v. HIX, 260 So. 2d 284 (Fla. 4th DCA 1972)…n the parties is one of licensor and licensee . . . And this relation exists even though the injury complained of is unconnected to the condition of the premises.” For views consistent with the above citations see also Wagner v. Owens, Fla.App.1963, 155 So. 2d 181, [*288] where a guest helping repair an outboard motor was still a licensee, and Pinson v. Barlow, Fla.App.1968, 209 So. 2d 722, where a social guest helping in the family pickling retained licensee status. All these cases attached no dispositive (…
Authorities Cited
- ST. Johns Cnty. v. Murphy, 97 So. 2d 185 (Fla. 1957)
- City OF Boca Raton v. Minda S. Mattef, 91 So. 2d 644 (Fla. 1956)
- Goldberg v. Straus, 45 So.2d 883 (Fla. 1950)
- Gen. Tel. Co. OF Fla., Inc. v. Mahr, 153 So. 2d 13 (Fla. 2d DCA 1963)
- Cochran v. Abercrombie, 118 So. 2d 636 (Fla. 2d DCA 1960)