[DOWNLOAD] "Whitt V. Silverman" by Florida Supreme Court * eBook PDF Kindle ePub Free

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eBook details

• Title: Whitt V. Silverman
• Author : Florida Supreme Court
• Release Date : January 03, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

We have for review Whitt v. Silverman, *fn1 732 So. 2d 1106 (Fla. 3d DCA 1999), based on express and direct conflict with the decision in McCain v. Florida Power Corp., 593 So. 2d 500 (Fla. 1992), and decisions that have applied McCain. *fn2 We have jurisdiction. See art. V, §3 (b)(3), Fla. Const. At issue in this case is whether McCain's foreseeability analysis applies in determining whether a landowner operating a commercial gas station owes a duty of care to persons who may be injured as a result of natural conditions or landscaping on the landowner's property, but where the injury actually occurs off the property. Because we conclude that a strict rule absolving a landowner of responsibility under the circumstances presented here conflicts with our analysis in McCain, we quash the ruling below.

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