Clay Elec. Co-Op., Inc. v. Johnson
Decision Date | 18 December 2003 |
Docket Number | No. SC01-1955, No. SC01-1956. |
Citation | 873 So.2d 1182 |
Parties | CLAY ELECTRIC COOPERATIVE, INC., etc., Petitioner, v. Delores JOHNSON, et al., Respondents. Clay Electric Cooperative, Inc., etc., Petitioner, v. Lance, Inc., etc., et al., Respondents. |
Court | Florida Supreme Court |
William T. Stone of Cole, Stone, Stoudemire & Morgan, Jacksonville, FL, for Petitioner.
Stephen J. Pajcic and Thomas F. Slater of Pajcic & Pajcic, P.A., William A. Bald of Dale, Bald, Showalter & Mercier, P.A., and Dennis R. Schutt of Schutt Humphries, Jacksonville, FL, for Respondents.
Charles T. Wiggins and R. Andrew Kent of Beggs & Lane, LLP, Pensacola, FL, for Gulf Power Company, Amicus Curiae.
Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, FL, for the Academy of Florida Trial Lawyers, Amicus Curiae.
Timothy C. Conley and David W. McCreadie of Lau, Lane, Pieper, Conley & McCreadie, P.A., Tampa, FL, for Tampa Electric Company and Edison Electric Institute, Amici Curiae.
We have for review Johnson v. Lance, Inc., 790 So.2d 1144 (Fla. 1st DCA 2001) (hereinafter "Johnson"), and Lance, Inc. v. Johnson, 790 So.2d 1163 (Fla. 1st DCA 2001) (hereinafter "Lance"), based on conflict with Martinez v. Florida Power & Light Co., 785 So.2d 1251 (Fla. 3d DCA 2001) (hereinafter "Martinez"), review granted, 819 So.2d 137 (Fla.2002). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
While fourteen-year-old Dante Johnson was walking to his school bus stop during the early morning darkness on September 4, 1997, he was struck and killed by a truck in an area where a streetlight was inoperative. Dante's grandmother, Delores Johnson, who was Dante's caregiver, came upon the boy's "mangled, bloodied body" at the scene and fainted. She later filed a negligence claim against the following defendants: the truck's driver ("Ganas"), the truck's owner ("Lance"), and the streetlight maintenance company ("Clay Electric"). Dante's estate also filed suit against the same defendants and the two cases were consolidated.
Clay Electric filed an answer to the plaintiffs' complaint and subsequently moved for summary judgment, which was granted:
Both Johnson and Dante's estate appealed, and Lance filed a separate appeal.
The district court in Johnson addressed Johnson's and the estate's appeal and reversed. The district court in Lance then addressed Lance's appeal and ruled in conformity with Johnson. Clay Electric sought review of both Johnson and Lance based on conflict with Martinez, another streetlight "maintenance" case wherein the district court affirmed the trial court's judgment on the pleadings in favor of the electric company. Martinez sought review. We granted review in Johnson, Lance, and Martinez, consolidated Johnson and Lance, and reviewed Martinez separately. The issue posed in the present cases is whether, for purposes of this summary judgment, Clay Electric owed the plaintiffs a legally recognized duty to use reasonable care in maintaining the streetlights.
Florida Rule of Civil Procedure 1.510 sets forth the following criteria governing motions for summary judgment:
The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
Fla. R. Civ. P. 1.510(c). A summary judgment deprives a party of his or her right to trial and must be exercised with restraint; any doubts must be resolved in favor of the nonmoving party.1 A trial court's ruling on a motion for summary judgment posing a pure question of law is subject to de novo review.2
Although the present cases involve an alleged contract between Clay Electric and the Jacksonville Electric Authority ("JEA"), the suits themselves are based on an allegation of negligence and the claims thus sound in tort. Traditionally, a cause of action based on negligence comprises four elements:
Prosser and Keaton on the Law of Torts 164-65 (W. Page Keeton ed., 5th ed.1984).
The principle of "duty" is linked to the concept of foreseeability and may arise from four general sources:
(1) legislative enactments or administration regulations; (2) judicial interpretations of such enactments or regulations; (3) other judicial precedent; and (4) a duty arising from the general facts of the case.
McCain v. Fla. Power Corp., 593 So.2d 500, 503 n. 2 (Fla.1992). The present cases fall within the fourth category, i.e., the duty arises "from the general facts of the case." To the extent the parties rely on an alleged contract between Clay Electric and JEA to support the proposition that Clay Electric owed, or did not owe, a legal duty to Dante, the contract itself is but one facet of the general facts of the case.
Whenever one undertakes to provide a service to others, whether one does so gratuitously or by contract, the individual who undertakes to provide the service—i.e., the "undertaker"—thereby assumes a duty to act carefully and to not put others at an undue risk of harm.3 This maxim, termed the "undertaker's doctrine," applies to both governmental4 and nongovernmental entities.5 The doctrine further applies not just to parties in privity with one another—i.e., the parties directly involved in an agreement or undertaking— but also to third parties. Florida courts have applied the doctrine to a variety of third-party, contract-based negligence claims and ruled that the defendants could be held liable, notwithstanding a lack of privity.6
Section 324A of the Restatement sets forth the following standard for assessing liability in such cases:
Restatement (Second) of Torts § 324A (1965).
This Court utilized the above standard in Union Park Memorial Chapel v. Hutt, 670 So.2d 64 (Fla.1996), wherein a husband and wife sued a funeral home after the wife was injured in a traffic accident while participating in a funeral procession. The Court determined that the funeral home's actions in supervising the procession implicated both subsections (a) and (c), relating to "increased risk" and "reliance" respectively. The Court then held that, notwithstanding a lack of privity between the plaintiffs and the funeral home, the funeral home owed the plaintiffs a legal duty to act with reasonable care.
In the present cases, we conclude that the trial court erred in granting Clay Electric's motion for summary judgment. Viewing the record, the undisputed facts, and all reasonable inferences therefrom in the light most favorable to the nonmoving parties, we hold that the...
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