Legal Opinion

Metsker v. Carefree/Scott Fetzer Co.

District Court of Appeal of Florida

Decided June 27, 2012No. 2D10-5867PublishedCited by 5 opinions

1Opinion of the Court

WALLACE, Judge.

In a premises liability action brought by Ethel Metsker, the circuit court entered a *975final summary judgment in favor of Carefree/Scott Fetzer Company, d/b/a Carefree of Colorado (Carefree). Ms. Metsker appeals. The circuit court ruled that Carefree did not owe a duty of care to Ms. Metsker because the undisputed facts established that Carefree’s sales representative, an independent contractor, operated the premises where Ms. Metsker was injured. Because Carefree failed to establish the absence of a genuine issue of material fact concerning its control of the subject premises,…

2Cases cited25 opinions

  1. Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
  2. Owens v. Publix Supermarkets, Inc.Supreme Court of Florida · 2001
  3. Cantor v. CochranSupreme Court of Florida · 1966
  4. Markowitz v. Helen Homes of Kendall Corp.Supreme Court of Florida · 2002
  5. Holland v. VerheulDistrict Court of Appeal of Florida · 1991

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3Cited by5 opinions

  1. Cook v. Bay Area Renaissance Festival of Largo, Inc.District Court of Appeal of Florida · 2015
  2. Catlin Specialty Insurance v. CohenDistrict Court, M.D. Florida · 2012
  3. Lee County Department of Transportation v. The Island Water Association, Inc.District Court of Appeal of Florida · 2017
  4. Peterson v. Flare Fittings, Inc.District Court of Appeal of Florida · 2015
  5. Southern-Owners Insurance Company v. Galati Yacht Sales, LLCDistrict Court, M.D. Florida · 2023

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