The Defendant appealed a verdict in a negligent security mater in PRIDE OF ST. LUCIE LODGE 1189, INC. d/b/a TEMPLE 853, Appellant, v. TEAIRA NICOLE REED, as Personal Representative of the ESTATE OF TANYA RENEE OLIVE.
The Fourth DCA affirmed, but addressed Defendant’s argument as to “felony defense” instruction pursuant to Fla. Stat 768.075(4). The statute provides:
A person or organization owning or controlling an interest in real property, or an agent of such person or organization, shall not be held liable for negligence that results in the death of, injury to, or damage to a person who is attempting to commit a felony or who is engaged in the commission of a felony on the property.….
The Lodge argued that there was evidence presented at trial showing the Decedent committed a felony on the Lodge’s property by knowingly striking a pregnant female. The trial court refused the instruction in part because the Decedent was not engaged in felony at the time she was shot.
The Court found the trial correct was correct as the defense only applies to injuries the Plaintiff sustains in the commission or attempted commission of a felony. The trial court was affirmed.. The trial court was affirmed as the statute is applicable when the plaintiff was actively engaged in the commission of or attempted commission of a felony at the time the injuries are sustained.