Bellevue v. Frenchy's South Beach Café, Inc.

On remand, when the trial court evaluates which prior incident reports to admit into evidence, it seems to me that it may be useful for the court to consider more thoroughly the plaintiffs theories of liability in this case. The theories may affect the extent to which some prior incidents are relevant, admissible evidence.

There is no debate that the relationship between a restaurant and its patron is one that invokes a duty of care under negligence law on the part of the restaurant. In Allen v. Babrab, Inc., 438 So.2d 356 (Fla.1983), the supreme court announced that a restaurant has a general…