Legal Opinion

Tallent v. Pilot Travel Centers, LLC

District Court of Appeal of Florida

Decided May 7, 2014No. 2D13-3646PublishedCited by 5 opinions

1Opinion of the Court

SLEET, Judge.

Terry and Barbara Tallent appeal a final summary judgment in favor of Pilot Travel Centers, LLC (Pilot). We affirm, without further discussion, the denial of their motion to amend the complaint to add punitive damages. Because a material issue of fact remained as to whether Pilot and its employees maintained the service station premises in a reasonably safe condition, we reverse on that issue.

In this case, we address the dichotomy between the duty to warn and the duty to maintain the premises in a reasonably safe condition. On January 22, 2007, Terry Tallent slipped and fell on a…

2Cases cited7 opinions

  1. Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
  2. Hervey v. AlfonsoDistrict Court of Appeal of Florida · 1995
  3. Emmons v. Baptist Hosp.District Court of Appeal of Florida · 1985
  4. Knight v. WaltmanDistrict Court of Appeal of Florida · 2000
  5. Fenster v. Publix Supermarkets, Inc.District Court of Appeal of Florida · 2001

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Denson v. SM-Planters Walk ApartmentsDistrict Court of Appeal of Florida · 2015
  2. Penzera v. O'NealDistrict Court of Appeal of Florida · 2015
  3. Sewell v. Racetrac Petroleum, Inc.District Court of Appeal of Florida · 2017
  4. McWhorter v. Event Services America, Inc., D/B/A Contemporary Services CompanyDistrict Court of Appeal of Florida · 2026
  5. Penzera v. O'NealDistrict Court of Appeal of Florida · 2015

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