Jacob Bryan v. Galley Maid Marine Products, Inc., d/b/a Off Road Innovations, a/k/a ORI

Summary

The Florida Fourth District Court of Appeal reversed a final summary judgment in favor of Galley Maid Marine Products in a negligence action arising from two attacks on Jacob Bryan at the company’s premises. The court held that genuine issues of material fact remained regarding the foreseeability of the second attack, Galley Maid’s duty to render or summon aid, breach, and proximate causation. The case was remanded for further proceedings.

Holdings

1. Because Bryan was expressly invited onto Galley Maid's premises by the premises' owner, he was an invitee, and Galley Maid owed him the applicable duty of reasonable care under the circumstances.
2. Although the first attack was not reasonably foreseeable, genuine issues of material fact existed as to whether Long's second attack was reasonably foreseeable; therefore, summary judgment was improper on that issue.
3. Genuine issues of material fact existed as to whether Tumoszwicz and Galley Maid had a duty to render or call for aid after Bryan's attacks and whether that duty was breached.
4. Summary judgment was improper on proximate causation because breach, proximate causation, and damages were ordinarily factual questions and Bryan made a sufficient showing to create genuine issues of material fact.

Questions Presented

1. Whether Bryan was an invitee on Galley Maid’s premises and whether Galley Maid owed him a duty of reasonable care.
2. Whether genuine issues of material fact existed concerning the reasonable foreseeability of Long’s second attack.
3. Whether genuine issues of material fact existed concerning Galley Maid’s duty to render or call for aid after Bryan’s attacks.
4. Whether summary judgment was proper on proximate causation when the evidence permitted factual disputes concerning the consequences of failing to provide aid.

Disposition

reversed_and_remanded