Legal Opinion
Weber v. Marino Parking Systems, Inc.
District Court of Appeal of Florida
Decided November 2, 2012No. 2D11-3745PublishedCited by 5 opinions
1Opinion of the Court
NORTHCUTT, Judge.
This case presents the question whether, as a matter of law, a valet parking service owes a duty to third parties to refrain from returning car keys to an obviously intoxicated customer. Under this court’s precedent, there is no such duty; therefore, we affirm the circuit court’s order dismissing this action.
*730The existence of a legal duty is a question of law subject to de novo review on appeal. See Dudley v. City of Tampa, 912 So.2d 322, 324 (Fla. 2d DCA 2005) (citing McCain v. Fla. Power Corp., 593 So.2d 500 (Fla.1992)). Further, on a motion to dismiss, the allegations of a…
2Cases cited7 opinions
- McCain v. Florida Power CorporationSupreme Court of Florida · 1992
- Kitchen v. K-Mart Corp.Supreme Court of Florida · 1997
- Umble v. Sandy McKie and Sons, Inc.Appellate Court of Illinois · 1998
- Estate of Villanueva v. YoungbloodDistrict Court of Appeal of Florida · 2006
- Ming v. Interamerican Car Rental, Inc.District Court of Appeal of Florida · 2005
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Verduzco v. American ValetCourt of Appeals of Arizona · 2016
- Competitive Softball Promotions, Inc. v. AyubDistrict Court of Appeal of Florida · 2018
- Stephanie De La Torre, Humberto Miranda, and Carla Gallardo v. Flanigan's Enterprises, Inc., d/b/a Flanigan's Bar and GrillDistrict Court of Appeal of Florida · 2016
- Hall v. WestDistrict Court of Appeal of Florida · 2015
- McWhorter v. Event Services America, Inc., D/B/A Contemporary Services CompanyDistrict Court of Appeal of Florida · 2026