Legal Opinion
Borrack v. Reed
District Court of Appeal of Florida
Decided February 23, 2011No. 4D09-4514PublishedCited by 3 opinions
1Opinion of the CourtGerber, J.
The plaintiff filed a complaint essentially alleging that the defendant negligently played a prank which caused injuries to her. The circuit court dismissed the case with prejudice, reasoning that the plaintiff failed to allege that the defendant created a “zone of risk.” We reverse. The plaintiff sufficiently alleged that the defendant created a “zone of risk” for which the defendant owed the plaintiff a duty of reasonable care.
*1254We accept as true the facts alleged in the second amended complaint. See Goodall v. Whispering Woods Ctr., L.L.C., 990 So.2d 695, 697 (Fla. 4th DCA 2008) (“In…
Also in this document: Concurrence.
2Cases cited14 opinions
- McCain v. Florida Power CorporationSupreme Court of Florida · 1992
- Sunset Harbour Condo. Ass'n v. RobbinsSupreme Court of Florida · 2005
- D'AMARIO v. Ford Motor Co.Supreme Court of Florida · 2001
- Ford Motor Credit Co. v. SheehanDistrict Court of Appeal of Florida · 1979
- Rocha v. Faltys, Texas Court of Appeals, 3rd District (Austin)2002
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3Cited by3 opinions
- CHAD SAUNDERS v. MIAMI SUNS YOUTH DEVELOPMENT INC.District Court of Appeal of Florida · 2023
- Michael Bernard Horn v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2012
- Shai Morali v. Amanda MayanDistrict Court of Appeal of Florida · 2024