You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Montrose v. Premier American Resorts

Citations: 664 So. 2d 54; 1995 Fla. App. LEXIS 12554; 1995 WL 714258Docket: No. 95-177

Court: District Court of Appeal of Florida; December 5, 1995; Florida; State Appellate Court

Narrative Opinion Summary

Plaintiffs in a negligence case have appealed a final summary judgment order, which is affirmed. The court found that the plaintiffs incorrectly sued Premier American Resorts, as the company had no control over the operations or management of the resort where the incident occurred. This conclusion is supported by the precedent set in Brown v. Snellgrove, demonstrating that the defendant's lack of control negated liability.

Legal Issues Addressed

Liability and Control Precedent

Application: The decision was supported by existing precedent establishing that lack of control negates liability in negligence claims.

Reasoning: This conclusion is supported by the precedent set in Brown v. Snellgrove, demonstrating that the defendant's lack of control negated liability.

Negligence and Control Over Operations

Application: The court determined that a party cannot be held liable for negligence if it does not have control over the operations or management where the incident occurred.

Reasoning: The court found that the plaintiffs incorrectly sued Premier American Resorts, as the company had no control over the operations or management of the resort where the incident occurred.

Summary Judgment in Negligence Cases

Application: The court affirmed the summary judgment in favor of the defendant due to the lack of evidence showing control over the relevant operations.

Reasoning: Plaintiffs in a negligence case have appealed a final summary judgment order, which is affirmed.