Kaufman v. A-1 Bus Lines, Inc., A-1
| Decision Date | 10 October 1978 |
| Docket Number | A-1,No. 78-263,78-263 |
| Citation | 363 So.2d 61 |
| Parties | Rae KAUFMAN, Appellant, v.BUS LINES, INC., Appellee. |
| Court | Florida District Court of Appeals |
Friedman & Robbins, North Miami Beach, for appellant.
Carey, Dwyer, Cole, Selwood & Bernard and Steven R. Berger, Miami, for appellee.
Before BARKDULL and KEHOE, JJ., and CHARLES CARROLL (Ret.), Associate Judge.
Appellant, plaintiff below, appeals an order entered by the trial court on January 23, 1978, dismissing her complaint with prejudice. We affirm the dismissal, but reverse its entry with prejudice.
Appellant sued defendants, Tom Gaskins, d/b/a Tom Gaskins's Cypress Knee Museum, Lykes Brothers, Inc., and its insurance carrier, Hartford Accident & Indemnity Company, and A-1 Bus Lines, Inc., to recover damages for personal injuries which she received as a result of a trip and fall on the premises owned by defendant, Lykes Brothers, Inc., and maintained and operated as a tourist attraction by defendant, Tom Gaskins, d/b/a Tom Gaskins's Cypress Knee Museum.
In her complaint appellant alleged that she was a participant in a group tour, operated and conducted by the defendant, A-1 Bus Lines, Inc., in accordance with an agreement with the Fountainview Ladies Club of the Fountainview Condominium, of which she was a member. The complaint further alleged that she fell from a cat-walk located on the premises known as the Tom Gaskins's Cypress Knee Museum, which was a place of amusement or attraction to which the public was invited, and which said cat-walk, the owner of the premises (Lykes Brothers, Inc.,), and the operator of the tourist attraction (Tom Gaskins), knew or reasonably should have known, was dangerous, hazardous, and unsafe for use. The specific acts of negligence on the part of the appellee A-1 Bus Lines, Inc., were set forth in Counts III and IV of the complaint.
In Count III, appellant alleged that appellee was in the business of "packaging, operating, and/or conducting group tours, such as the tour in which the Plaintiff was a participant," and that by virtue of an agreement with the Fountainview Ladies Club of Fountainview Condominium, of which the plaintiff was a member, appellee agreed to "operate and conduct a bus tour to certain places of amusement and/or attraction, including Tom Gaskins's Cypress Knee Museum." The complaint in Count III further alleged that appellee was "fully and solely responsible for, and had the duty to make all arrangements for the tour, including but not limited to the selection of the amusements and/or attractions, and various rest and meal stops." Appellant further alleged in Count III of her complaint, that appellee knew or should have reasonably known of the dangerous condition which existed at the Tom Gaskins's Cypress Knee Museum on the date of the accident, and should not have made arrangements to stop at this attraction where members of the tour group, such as appellant, would be exposed to unreasonable risks or harm and personal injuries due to the use of the premises, and more particularly, the cat-walk located therein.
Appellant alleged that appellee had an implied contractural obligation to reasonably protect her from unsafe conditions such as the one that existed at Tom Gaskins's Cypress Knee Museum on the date of her accident, and that appellee breached the duty which it owed to appellant by virtue of its agreement with the Fountainview Ladies Club of Fountainview Condominium to arrange for and conduct this tour.
In Count IV of her complaint, appellant alleged that appellee had a duty to protect her from dangerous and hazardous conditions which might arise during the course of the tour, and that appellee breached this duty by the following acts:
1. Failure to inspect the amusements or attractions visited by the tour, and more specifically by failing to inspect the...
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...to the four corners of a complaint in considering the motion to dismiss for failure to state a cause of action, Kaufman v. A-1 Bus Lines, Inc., 363 So.2d 61 (Fla. 3d DCA 1978), was compelled to dismiss the The trial court erred, however, in dismissing with prejudice all causes of action whi......
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...summary judgment. Dunnell; see Pizzi. All allegations in the complaint must be accepted as true, Emile; Dunnell; Kaufman v. A-1 Bus Lines, 363 So.2d 61 (Fla. 3d DCA 1978); Raney v. Jimmie Diesel Corp., 362 So.2d 997 (Fla. 3d DCA 1978); see Pizzi; a court is not free to speculate as to what ......
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Chapter § 5.04 TOUR OPERATORS, WHOLESALERS AND PUBLIC CHARTERS
...Inc., 88 Cal. App. 3d 642 152 Cal. Rptr. 17 (1978) (accident on tour; no strict liability). Florida: Kaufman v. A-1 Bus Lines, Inc., 363 So. 2d 61 (Fla. App. 1978) (accident at museum on tour). Illinois: Haubner v. Abercrombie & Kent International ,Inc., 351 Ill. App. 3d 112, 812 N.E.2d 704......
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Chapter § 5.05 RETAIL TRAVEL AGENTS
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Chapter § 4.04 LIABILITY OF HOTELS AND RESORTS FOR COMMON TRAVEL PROBLEMS
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