Worth v. Stahl, s. 79-1505
| Decision Date | 24 September 1980 |
| Docket Number | 79-1841,Nos. 79-1505,s. 79-1505 |
| Citation | 388 So.2d 340 |
| Parties | Vernon Lee WORTH, Appellant, v. Richard P. STAHL, individually and d/b/a Dutchman's Rathskeller Lounge, et al., Appellees. |
| Court | Florida District Court of Appeals |
Linda F. Albritton of Haines & Rossow, Chartered, North Palm Beach, for appellant.
Marjorie D. Gadarian of Jones & Foster, P. A., West Palm Beach, for appellee.
The plaintiff in the trial court sued the owner of a tavern for personal injuries incurred when attacked by another patron. He appeals a final summary judgment in favor of the tavern owner.
The sole issue in this appeal involves the standard of care owed by a tavern owner to his customers. Appellant contends that the standard is one of a general duty to protect. Appellee argues that the standard is one of a duty to maintain the premises in a reasonably safe condition, free from those risks which are known, or through the exercise of reasonable care, should be known to the owner. Under the facts of this case we agree with the appellee and affirm.
Appellant entered appellee's tavern, left, and returned sometime later in the evening. After a discussion with one Howard Hunt, he resumed sitting at the bar and then went to the rest room. Upon leaving the rest room he was accosted by Hunt and four or five others who physically assaulted him. He sued the owner for damages and alleged negligence in the following paraphrased particulars:
(d) the owner failed to aid the plaintiff when he was assaulted, and
(e) the owner failed by exercise reasonable care in protecting the plaintiff from assault by the strangers mentioned above.
Immediately prior to the commencement of trial, the plaintiff sought a ruling from the court on the applicable law. After obtaining a preliminary oral ruling from the court, the plaintiff, in an unusual move, asked for an involuntary dismissal of his suit for the purpose of appealing that ruling. That appeal was dismissed by this Court. Thereafter, the trial court set aside its oral ruling and the involuntary dismissal, and upon stipulation of counsel, granted the summary judgment from which this appeal stems.
The applicable law regarding the standard of care required of owners of places open for public entertainment is stated succinctly in Warner v. Florida Jai Alai, Inc., 221 So.2d 777 (Fla. 4th DCA 1969), cert. discharged, ...
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Holiday Inns, Inc. v. Shelburne
...Relyea v. State, 385 So.2d 1378 (Fla. 4th DCA 1980), overruled on other grounds, 493 So.2d 1002 at 1005 (Fla.1986); Worth v. Stahl, 388 So.2d 340 (Fla. 4th DCA 1980); and Gottschalk v. Smith, 334 So.2d 102 (Fla. 3d DCA), cert. denied, 341 So.2d 1085 (Fla.1976). Appellants rely upon this lin......
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Reichenbach v. Days Inn of America, Inc.
...cert. denied, 235 So.2d 294 (Fla.1970). Accord, Ellis v. Safeway Stores, Inc., 410 A.2d 1381 (D.C.1979). See also Worth v. Stahl, 388 So.2d 340 (Fla. 4th DCA 1980) (1980 F.L.W. 1804) (holding that a tavernkeeper having no knowledge of the violent character of the patron who assaulted anothe......
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Stevens v. Jefferson
...P.D.R., 402 So.2d 442 (Fla. 5th DCA 1981); Fernandez v. Miami Jai-Alai, Inc., 386 So.2d 4 (Fla. 3d DCA 1980). But see Worth v. Stahl, 388 So.2d 340 (Fla. 4th DCA 1980); Warner v. Florida Jai Alai, 221 So.2d 777 (Fla. 4th DCA 1969), cert. discharged, 235 So.2d 294 (Fla.1970), which we deem t......
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Myers v. South Seas Corp.
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