Savage v. Flagler Co.

While concurring with the majority opinion’s exposition of the law concerning the duty of care an owner or occupier of land owes a licensee, I disagree with the conclusion that a factual issue exists concerning the observance of that duty and foreseeability of the injury in this case.

Savage was an invitee when he first entered the restaurant’s property for the mutual benefit of the restaurant and himself as patron. Somewhere in the process of going to another bar because the Rusty Scupper closed for the night, leaving his automobile parked in the restaurant’s lot for approximately an hour,…