Earlier this month, an appellate court in Florida issued a written opinion in a tragic Florida car accident case that claimed the life of the plaintiff’s pregnant wife. The case involved the question of whether a road-side hotel had a duty to prevent traffic from a nearby road from entering the hotel’s pool area in the event of an out-of-control vehicle. Ultimately, the court concluded that the hotel did not have a duty to prevent this type of accident, and it dismissed the plaintiff’s case.
The Facts of the Case
The plaintiff and his pregnant wife were sitting poolside under a cabana while staying at the defendant hotel. While the couple was under the cabana, a drunk driver lost control of her vehicle, jumped a curb, and came careening into the hotel’s pool area. The car crashed into the cabana, killing the plaintiff’s wife and injuring the plaintiff.
The plaintiff filed a personal injury lawsuit against both the driver of the car as well as the hotel. The plaintiff presented evidence that it was common for motorists to speed on the road on which the hotel was located. An engineer testified that, due to a curve in the road, at some point, vehicles traveling along the road are directly facing the pool area. The plaintiff argued that, given these facts, the hotel should have taken additional precautions to prevent this type of accident.