Legal Opinion
Palm Beach-Broward Medical Imaging Center, Inc. v. Continental Grain Co.
District Court of Appeal of Florida
Decided August 12, 1998No. 97-2424PublishedCited by 15 opinions
1Opinion of the Court
GROSS, Judge.
Palm Beach-Broward Medical Imaging Center, Inc. (“Medical”) appeals from an order dismissing with prejudice its amended complaint against Continental Grain Company and Melvin Feltes. We affirm, because Medical’s injuries fell outside the zone of risk created by the defendants’ negligent conduct.
On a motion to dismiss a complaint under Florida Rule of Civil Procedure 1.140, the allegations in the complaint are viewed in the light most favorable to the plaintiff. See Hitt v. North Broward Hosp. Dist., 887 So.2d 482, 483 (Fla. 4th DCA 1980). According to the amended complaint,…
2Cases cited15 opinions
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- McCain v. Florida Power CorporationSupreme Court of Florida · 1992
- Kaisner v. KolbSupreme Court of Florida · 1989
- Pinkerton-Hays Lumber Company v. PopeSupreme Court of Florida · 1961
- Consolidated Aluminum Corp. v. C.F. Bean Corp.Court of Appeals for the Fifth Circuit · 1988
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3Cited by15 opinions
- Dorsey v. ReiderSupreme Court of Florida · 2014
- Michael & Philip, Inc. v. SierraDistrict Court of Appeal of Florida · 2000
- Biglen v. Florida Power & Light Co.District Court of Appeal of Florida · 2005
- Kazanjian v. Sch. Bd. of Palm Beach CountyDistrict Court of Appeal of Florida · 2007
- Gyongyosi v. MillerDistrict Court of Appeal of Florida · 2012
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