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Schreiber v. Walt Disney World Co.

Patricia S. SCHREIBER and Matthew R. Schreiber, her husband v. WALT DISNEY WORLD CO.

Schreiber v. Walt Disney World Co., 389 So. 2d 1040 (Fla. Dist. Ct. App. 1980)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
October 1, 1980
Docket
No. 80-114
Judges
Dauksch, Sharp, Upchurch
Citations
389 So. 2d 10401980 Fla. App. LEXIS 17302

Opinion of the Court — Dauksch

Text extracted by OCR from a scanned original; check the original for exact wording.

DAUKSCH, Chief Judge.

This is an appeal from a judgment in a personal injury case. The trial court erred in failing to give two requested jury instructions: Florida Standard Jury Instruction 3.1(a) entitled “duty to use reasonable care” and Florida Standard Jury Instruction 3.1(b) entitled “vicarious liability.” It is axiomatic that each party is entitled to have the jury instructed on his theory of the case. Seguin v. Houser Motor Co., 350 So.2d 1089 (Fla. 4th DCA 1977). Among various allegations of fault, plaintiff maintained at trial that appellee’s employee failed to properly warn or instruct her in the manner best to descend the “Flume,” a water course plummeting from the heights to a plunge in the watery depths below. At trial appellant took the position that appel-lee owed her a duty to assure her safety because she was a patron at that business place. The standard of care owed a business invitee is one of reasonable care. Drake v. Sun Bank & Trust Co., Etc., 377 So.2d 1013 (Fla. 2d DCA 1979). The appellant was entitled to that instruction at trial.

Because of the failure to give these two instructions, we must reverse the judgment for a new trial.

REVERSED AND REMANDED.

FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1999: 119992026peak 1999 · 1

Relies on it most ⓘ

  1. Barton Protective Services, Inc. v. Faber745 So. 2d 968 (Fla. Dist. Ct. App. 1999)

Most recent

  1. Barton Protective Services, Inc. v. Faber745 So. 2d 968 (Fla. Dist. Ct. App. 1999)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Seguin v. Hauser Motor Co., 350 So. 2d 1089 (Fla. Dist. Ct. App. 1977) 17
Drake v. SUN Bank & Trust Co., 377 So. 2d 1013 (Fla. Dist. Ct. App. 1979) 16

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