881 So.2d 703 (Fla.App. 3 Dist. 2004), 3D03-2657, Willis v. Gami Golden Glades, LLC

Docket Nº:3D03-2657.
Citation:881 So.2d 703, 29 Fla. L. Weekly D 2039
Opinion Judge:The opinion of the court was delivered by: Schwartz, Chief Judge.
Party Name:Marjorie WILLIS and Ray Willis, her husband, Appellants, v. GAMI GOLDEN GLADES, LLC, a Florida corporation, d/b/a Holiday Inn and American Knights Security, Inc., a Florida corporation, Appellees.
Attorney:Sams, Martin, Lipsky, Lister & Kaufman and David P. Lister; Barbara Green, for appellants.
Case Date:September 09, 2004
Court:Florida Court of Appeals, Third District
 
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Page 703

881 So.2d 703 (Fla.App. 3 Dist. 2004)

29 Fla. L. Weekly D 2039

Marjorie WILLIS and Ray Willis, her husband, Appellants,

v.

GAMI GOLDEN GLADES, LLC, a Florida corporation, d/b/a Holiday Inn and American Knights Security, Inc., a Florida corporation, Appellees.

No. 3D03-2657.

Florida Court of Appeal, Third District.

September 9, 2004

Sams, Martin, Lipsky, Lister Kaufman and David P. Lister, Miami Lakes; Barbara Green, for appellants.

Page 704

Conroy, Simberg, Ganon, Krevans Abel and Hinda Klein, Hollywood; Thomas J. Morgan, Miami, and Justin Ziegler, for appellees.

Before SCHWARTZ, C.J., and GERSTEN and WELLS, JJ.

SCHWARTZ, Chief Judge.

This is an appeal from a summary judgment for the defendants rendered on the ground that the plaintiff did not satisfy the Florida impact rule so as to permit recovery for the severe psychological damage she had allegedly sustained as a result of the negligence of the defendants in failing to provide her protection from foreseeable criminal action. We affirm but certify to the Supreme Court that the case involves questions of great public importance.

Because the summary judgment was entered against the plaintiff below, we take our statement of the facts from the appellant's brief, which we believe fairly describes the record evidence in the required light most favorable to her position:

Marjorie Willis was a guest at a Holiday Inn hotel owned by Defendant Gami Golden Glades, LLC. Gami contracted for security services with Defendant American Knights Security, Inc.

When Mrs. Willis arrived at the Holiday Inn, there was no room in the parking lot to park her car. A security guard instructed her to park in the lot across the street. Mrs. Willis expressed concern because the lot was dark and the neighborhood unfamiliar, but the guard assured her that it was "safe to park next door," and instructed her to park there. The guard refused to park her car for her, or to go with her while she parked. Instead,

He said, no, it's safe. He emphasize[d] it is safe. And then he [told] me to move my car, I got to move it.

Ms. Willis parked her car across the street, because the guard told her to.

As soon as Ms. Willis parked and opened the door and put her foot out, "there was a gun to my head."

The gun actually touched her head. The gunman instructed her to empty her pockets, but she froze. She...

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