Willis v. Gami Golden Glades, LLC, 3D03-2657.
Decision Date | 09 September 2004 |
Docket Number | No. 3D03-2657.,3D03-2657. |
Citation | 881 So.2d 703 |
Parties | Marjorie WILLIS and Ray Willis, her husband, Appellants, v. GAMI GOLDEN GLADES, LLC, a Florida corporation, d/b/a Holiday Inn and American Knights Security, Inc., a Florida corporation, Appellees. |
Court | Florida District Court of Appeals |
Sams, Martin, Lipsky, Lister Kaufman and David P. Lister, Miami Lakes; Barbara Green, for appellants. Conroy, Simberg, Ganon, Krevans Abel and Hinda Klein, Hollywood; Thomas J. Morgan, Miami, and Justin Ziegler, for appellees.
Before SCHWARTZ, C.J., and GERSTEN and WELLS, JJ.
This is an appeal from a summary judgment for the defendants rendered on the ground that the plaintiff did not satisfy the Florida impact rule so as to permit recovery for the severe psychological damage she had allegedly sustained as a result of the negligence of the defendants in failing to provide her protection from foreseeable criminal action. We affirm but certify to the Supreme Court that the case involves questions of great public importance.
Because the summary judgment was entered against the plaintiff below, we take our statement of the facts from the appellant's brief, which we believe fairly describes the record evidence in the required light most favorable to her position:
The trial court based its decision on what it believed, and we agree, is the controlling effect of Ruttger Hotel Corporation v. Wagner, 691 So.2d 1177 (Fla. 3d DCA 1997), which is almost uncanny in its resemblance to the controlling facts of this case. While we acknowledge our discomfiture with doing so, because we are unable meaningfully to distinguish what we think are...
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Willis v. Gami Golden Glades, LLC.
...So.2d 474 (Fla. 2003); GRACEY V. EAKER, 837 So.2d 348 (Fla.2002). 4. SHOULD THE IMPACT RULE BE ABOLISHED? Willis v. Gami Golden Glades, LLC, 881 So.2d 703, 705-06 (Fla. 3d DCA 2004) (footnote omitted). We have jurisdiction. See art. V, § 3(b)(4), Fla. The instant action comes for review aft......
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