Cooper v. IBI Sec. Service of Florida, Inc., 72--1463
| Decision Date | 24 July 1973 |
| Docket Number | No. 72--1463,72--1463 |
| Citation | 281 So.2d 524 |
| Court | Florida District Court of Appeals |
| Parties | George E. COOPER and Ruth I. Cooper, Appellants, v. IBI SECURITY SERVICE OF FLORIDA, INC., and Hartford Accident & Indemnity Company, Appellees. |
Horton & Perse, Burton & Burton, Beckham & McAliley, Miami, for appellants.
Walton, Lantaff, Schroeder, Carson & Wahl, Fort Lauderdale, Lally, Miller & Hodges, Coral Gables, for appellees.
Before CHARLES CARROLL, HENDRY and HAVERFIELD, JJ.
The plaintiffs below filed this appeal from an order entered on motion of the defendants, dismissing their second amended complaint with prejudice. The question presented is whether the trial court erred in holding such complaint failed to state a cause of action.
The action was brought by George F. Cooper to recover damages for his injuries, and by his wife for loss of consortium, against IBI Security Service of Florida, Inc. (herein referred to as IBI), and its indemnity insurer Hartford Accident Indemnity Company. The allegations of the second amended complaint, summarized, were that as an employee of Interstate Life Insurance Company it was the plaintiff's duty to make cash premium collections from insureds on routes throughout Dade County; that some of the routes were safe and others were known to be dangerous to 'life, limb and property because of the known past record of the high incidents (sic) of criminal assaults within such areas', and were such as to require protective guard service for a collector on such routes; that IBI had contracted with the employer insurance company to furnish armed guard protection to such employees, including the plaintiff; that because of the foreseeability and high likelihood of criminal assaults upon such collection agents on the known dangerous routes it was the purpose of the contract between the employer insurance company and IBI that armed uniformed guards would be supplied to accompany such agents on the known dangerous routes to 'ward off, discourage, prevent, stop or forestall the likely and foreseeable criminal assaults on debit collectors (including the Plaintiff) while on route in said known danger area'; that on the day in question the guard to be supplied by the defendant IBI, who was to meet the plaintiff at a designated place and accompany him on a certain dangerous route, did not do so and was not supplied, whereupon the plaintiff in performance of his duty proceeded on the route without such guard protection, in the course of which the plaintiff was 'criminally assaulted, robbed, shot and critically wounded'; that the plaintiff was so injured as a proximate result of the negligence of IBI in failing to supply protection as contracted for with the insurance company. By a second count it was alleged that plaintiff's injuries...
To continue reading
Request your trial
-
Holley v. Mt. Zion Terrace Apartments, Inc.
...347 So.2d 1100 (Fla.1st DCA 1977); Rotbart v. Jordan Marsh Co., 305 So.2d 255 (Fla.3d DCA 1974); Cooper v. IBI Security Service of Florida, Inc., 281 So.2d 524 (Fla.3d DCA 1973), cert. denied, 287 So.2d 95 (Fla.1973); Homan v. Dade County, 248 So.2d 235 (Fla.3d DCA 1971); Florida East Coast......
-
Shaffer v. Wells Fargo Guard Services, a Subsidiary of Burns Intern. Sec. Services, a Subsidiary of Baker Industries, Inc.
...company employee who was a third-party beneficiary of his employer's contract with a security service, Cooper v. IBI Security Serv. of Fla., Inc., 281 So.2d 524 (Fla. 3d DCA), cert. denied, 287 So.2d 95 (Fla.1973), Shaffer is a third-party beneficiary of the contract between the bank and We......
-
Hoisington v. ZT-Winston-Salem Associates
...plaintiff from physical injury. Id. (citations omitted). An instructive counter-example is found in Cooper v. IBI Security Service of Florida, Inc., 281 So.2d 524 (Fla.Ct.App.), cert. denied, 287 So.2d 95 (Fla.1973), where the defendant security agency was hired by Interstate Life Insurance......
-
Vazquez v. Lago Grande Homeowners Ass'n
...Holley v. Mt. Zion Terrace Apartments, Inc., 382 So.2d 98 (Fla. 3d DCA 1980)(jury question on both issues); Cooper v. IBI Security Serv., 281 So.2d 524 (Fla. 3d DCA 1973), cert. denied, 287 So.2d 95 (Fla.1973). See generally Clay Electric Cooperative Inc. v. Johnson, 873 So.2d 1182 (Fla.200......