Washington Ave. Food Center, Inc. v. Modlin, 34849
| Decision Date | 29 November 1967 |
| Docket Number | No. 34849,34849 |
| Parties | WASHINGTON AVENUE FOOD CENTER, INC., a Florida corporation, Petitioner, v. Max MODLIN, husband and surviving spouse of Celia Modlin, Deceased, Respondent. |
| Court | Florida Supreme Court |
Fred C. Davant, of Wicker, Smith, Pyszka, Blomqvist & Davant, Miami, for petitioner.
Robert Orseck, of Nichols, Gaither, Beckham, Colson & Spence, Miami, for respondent.
By petition for a writ of certiorari, we have for review a decision of the District Court of Appeal, Third District, in Washington Avenue Food Center, Inc. v. Modlin et al., Fla.App., 178 So.2d 596. Jurisdiction is laid with the contention that the cited decision conflicts with the opinion of this Court in Slavin v. Kay, Fla., 108 So.2d 462.
The factual background is adequately delineated in the opinion of the District Court under review. We find that the jurisdictional conflict of decisions is present. In our opinion in Mai Kai, Inc. et al. v. Colucci et al., 205 So.2d 291, opinion filed 29th day of November, 1967, we have announced our adherence to our decision in Slavin v. Kay, supra. On the authority of Mai Kai, Inc., the decision of the District Court now under review is quashed, and the cause is remanded to the District Court of Appeal, Third District, for disposal consistent with this opinion and our opinion in Mai Kai, Inc. v. Colucci, supra.
It is so ordered.
ROBERTS, J., concurs specially with opinion.
WHITE, Jos. S., Circuit Judge (Retired) dissents with opinion.
I concur in the judgment for the reasons stated in Hall v. Holland, Fla., 47 So.2d 889 and because the doctrine of implied warranty is not raised.
I would follow without modification the opinion of the District Court with respect to the question of the liability of Washington Avenue Food Center, Inc., a Florida corporation. I think the District Court's opinion appropriately sets forth policy considerations supported by legal precedents which are best attuned to provide a remedy for members of the public who suffer injury in cases of this kind. I refer to the text of its opinion from which headnotes 1 to 6, inclusive, are drawn.
WHITE, Jos. S., Circuit Judge (Retired) (dissenting):
I respectfully dissent in this case, also, upon grounds stated in dissenting opinion in ...
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Brien v. 18925 Collins Ave. Corp.
...the tasks of the property owner in a non-negligent manner. Thus appellant, in effect, admits the authority of Washington Avenue Food Center, Inc. v. Modlin, Fla.1968, 205 So.2d 295; Mai Kai, Inc. v. Colucci, Fla.1968, 205 So.2d 291; and similar cases for the rule that an owner is not ordina......
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...courts have either rejected the Restatement position outright or construed it to avoid vicarious liability. In Washington Avenue Food Center v. Modlin, 205 So.2d 295 (Fla.1967), the Florida Supreme Court reversed the court of appeals' adoption of § 422(b) on the basis of its decision in Mai......
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Mai Kai, Inc. v. Colucci, s. 35437
...Fla.App., 4th Dist. 1965, 178 So.2d 596, which has been reviewed upon petition for certiorari in this Court. See opinion filed November 29, 1967, 205 So.2d 295.5 Hickory House v. Brown, Fla.1955, 77 So.2d 249, 252.6 Goldin v. Lipkind, Fla.1950, 49 So.2d 539, 27 A.L.R.2d 816; Ross v. Heitner......
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Huisman v. French Quarter Apartments, Inc., 69-151
...77 So.2d 249; Slavin v. Kay, Fla.1959, 108 So.2d 462; Mai Kai, Inc. v. Colucci, Fla.1968, 205 So.2d 291, and Washington Avenue Food Center, Inc. v. Modlin, Fla.1968, 205 So.2d 295. PIERCE, C.J., and HOBSON and McNULTY, JJ., ...