Eugene Thompson, as the Personal Representative, Appellant, v. LLC LLC (2024)

District Court of Appeal of Florida, First District.

Eugene Thompson, as the Personal Representative, Appellant, v. Hillside Building, LLC., Conduent Business Services, LLC, and the Estate of Elisa Margrette Eugenie Thompson, Appellees.

No. 1D2022-3459

Decided: April 24, 2024

James P. Waczewski of Waczewski Law Group, Tallahassee; Randy Pelham of The Pelham Law Firm, Tallahassee, for Appellant. Michael J. Thomas, Cody W. Short, and R. Geoffrey Place, II, of Pennington. P.A, Tallahassee, for Appellee Hillside Building, LLC; Kimberly K. Berman of Marshall Dennehey, Fort Lauderdale; James P. Hanratty and Sean J. Reeves of Marshall Dennehey Warner Coleman & Goggin, Jacksonville, for Appellee Conduent Business Services, LLC.

AFFIRMED. See McCain v. Fla. Power Corp., 593 So. 2d 500, 503 (Fla. 1992) (holding that a “requirement of reasonable, general foresight is the core of the duty element” in a negligence action and that “duty exists as a matter of law and is not a factual question for the jury to decide”); see also United States v. Stevens, 994 So. 2d 1062, 1066–67 (Fla. 2008) (reaffirming McCain).

Per Curiam.

Osterhaus, C.J., and Bilbrey and Nordby, JJ., concur.

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