Loewe v. Seagate Homes, Inc., No. 5D07-1683.

CourtCourt of Appeal of Florida (US)
Writing for the CourtEvander
Citation987 So.2d 758
PartiesSue A. LOEWE and Warren Loewe, Appellant, v. SEAGATE HOMES, INC., Appellee.
Docket NumberNo. 5D07-1683.
Decision Date11 July 2008
987 So.2d 758
Sue A. LOEWE and Warren Loewe, Appellant,
v.
SEAGATE HOMES, INC., Appellee.
No. 5D07-1683.
District Court of Appeal of Florida, Fifth District.
July 11, 2008.
Rehearing Denied August 13, 2008.

[987 So.2d 759]

Michael J. Korn and Mary C. Coxe of Korn & Zehmer, P.A., Jacksonville, and Elizabeth M. Moses of Barnes & Cohen, PA., Jacksonville, for Appellant.

G. Michael Burnett of Schutt, Schmidt, Burnett & Noey, Jacksonville, for Appellee.

EVANDER, J.


The Loewes appeal from a final order dismissing their complaint against Seagate Homes, Inc., with prejudice. The trial court found that the Loewes' claim was barred by an exculpatory clause in the parties' purchase contract. Because we find the clause was unenforceable, we reverse.

In June, 2003, the Loewes entered into a purchase agreement with Seagate for the construction and purchase of a new home. The closing took place on October 26, 2004, and the Loewes moved into their new residence on November 1, 2004. The Loewes allege that less than a week thereafter, a bathroom closet door fell off its track and struck Mrs. Loewe in the eye, causing serious and permanent injuries. The Loewes then filed a negligence action against Seagate. Count 1 sought damages for injuries to Mrs. Loewe and Count 2 was a claim for loss of consortium by Mr. Loewe.

The purchase contract included a seller's warranty that the construction would be of good quality and in accordance with generally accepted industry standards. The contract also contained an exculpatory clause which purported to release Seagate from any liability for personal injury caused by Seagate's construction practices regardless of whether the injury resulted from Seagate's negligence, gross negligence, or intentional conduct:

987 So.2d 760

Release. The Buyer hereby acquits, releases, exonerates, and discharges Seller, its officers, directors, owners, employees, their successors, legal representatives and assigns from any amount of damages, including but not limited to medical expense, lost wages, pain and suffering and disability resulting directly or indirectly from bodily injury, personal injury, or property damage, that may be or is caused, suffered or incurred by the Buyer, the Buyer's guests, employees, agents, suppliers, contractors or subcontractors at any time as the result in part or in whole from the construction process, the constructed dwelling or the lot on which it is constructed, the materials and supplies used in or incorporated into the dwelling or the lot...

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11 practice notes
  • Sanislo v. Give Kids the World, Inc., No. SC12–2409.
    • United States
    • United States State Supreme Court of Florida
    • 12 Febrero 2015
    ...that exculpatory clauses are unenforceable to release a party of liability for an intentional tort. See Loewe v. Seagate Homes, Inc., 987 So.2d 758, 760 (Fla. 5th DCA 2008) (citing Kellums v. Freight Sales Ctrs., Inc., 467 So.2d 816 (Fla. 5th DCA 1985), and L. Luria & Son, Inc. v. Honeywell......
  • Ucf Athletics Ass'n Inc. v. Plancher, No. 5D11–2710.
    • United States
    • Court of Appeal of Florida (US)
    • 6 Septiembre 2013
    ...clauses are unenforceable to the extent they attempt to release liability for intentional torts. See Loewe v. Seagate Homes, Inc., 987 So.2d 758 (Fla. 5th DCA...
  • nView Health, Inc. v. Sheehan, 8:21-cv-385-VMC-TGW
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 14 Noviembre 2022
    ...a party to contract against liability for fraud or an intentional tort are void against public policy.”); Loewe v. Seagate Homes, Inc., 987 So.2d 758, 760 (Fla. 5th DCA 2008) (“Here, the exculpatory clause is obviously unenforceable to the extent that it attempts to release Seagate of liabi......
  • Mayfield v. Nat'l Ass'n for Stock Car Auto Racing, No. 10–2437.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 26 Marzo 2012
    ...proposition, unambiguous exculpatory provisions are enforceable unless they contravene public policy.” Loewe v. Seagate Homes, Inc., 987 So.2d 758, 760 (Fla.Dist.Ct.App.2008).a. Defamation Because we affirm the district court's dismissal of Appellants' defamation claim on other grounds, see......
  • Request a trial to view additional results
11 cases
  • Sanislo v. Give Kids the World, Inc., No. SC12–2409.
    • United States
    • United States State Supreme Court of Florida
    • 12 Febrero 2015
    ...that exculpatory clauses are unenforceable to release a party of liability for an intentional tort. See Loewe v. Seagate Homes, Inc., 987 So.2d 758, 760 (Fla. 5th DCA 2008) (citing Kellums v. Freight Sales Ctrs., Inc., 467 So.2d 816 (Fla. 5th DCA 1985), and L. Luria & Son, Inc. v. Honeywell......
  • Ucf Athletics Ass'n Inc. v. Plancher, No. 5D11–2710.
    • United States
    • Court of Appeal of Florida (US)
    • 6 Septiembre 2013
    ...clauses are unenforceable to the extent they attempt to release liability for intentional torts. See Loewe v. Seagate Homes, Inc., 987 So.2d 758 (Fla. 5th DCA...
  • nView Health, Inc. v. Sheehan, 8:21-cv-385-VMC-TGW
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 14 Noviembre 2022
    ...a party to contract against liability for fraud or an intentional tort are void against public policy.”); Loewe v. Seagate Homes, Inc., 987 So.2d 758, 760 (Fla. 5th DCA 2008) (“Here, the exculpatory clause is obviously unenforceable to the extent that it attempts to release Seagate of liabi......
  • Mayfield v. Nat'l Ass'n for Stock Car Auto Racing, No. 10–2437.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 26 Marzo 2012
    ...proposition, unambiguous exculpatory provisions are enforceable unless they contravene public policy.” Loewe v. Seagate Homes, Inc., 987 So.2d 758, 760 (Fla.Dist.Ct.App.2008).a. Defamation Because we affirm the district court's dismissal of Appellants' defamation claim on other grounds, see......
  • Request a trial to view additional results

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