The trial court granted summary judgment in favor of the Defendant involving the duty element arising from a motor vehicle crash. Defendant, Lucas, had loaded palm fronds on a dual axle commercial trailer that the driver subsequently could not bring to a stop, and the driver swerved striking a pedestrian who was waiting for the school bus with her grandchildren.
The appellate court reversed and remanded on duty because the general facts of the case required an inquiry whether the Defendant’s conduct could foreseeably create a broader zone of risk. The appellate court did not reach breach as that was not before the Court.
The Second DCA cited to McCain v. Fla. Power Corp., 593 So. 2d 500, 503 acknowledging that Florida law recognizes the following four sources of duty:
(1) statutes or regulations;
(2) common law interpretations of those statutes or regulations;
(3) other sources in the common law; and
(4) the general facts of the case
The opinion may be found here: https://www.2dca.org/content/download/585453/opinion/182227_DC13_02052020_101251_i.pdf
You may download the opinion here: