FLORIDA SUPREME COURT DECISION UPHOLDING REGIONAL CONFLICT OFFICES

Torts -- Action by plaintiff who was injured when, as she was walking dog, dog pulled on leash and ran around her in an effort to reach another dog which was owned by an employee of the defendant company, alleging company was negligent for leaving gate of its business premises open and allowing employee's dog to freely roam off the property -- Defendant not liable for injuries occurring off premises involving dog which was not owned, maintained, or controlled by defendant and which was admittedly not vicious -- Trial court did not err in denying plaintiff's oral motion for leave to amend to allege violation of county ordinance imposing duty to prevent dogs from being at large
Reported at 33 Fla. L. Weekly D731a

Torts -- Automobile accident -- Rear-end collision -- Damages -- Jury instructions -- Concurring cause -- Florida Standard Jury Instruction 5.1(b) on concurring cause was required where plaintiff tried personal injury case on theory that rear-end automobile collision aggravated a pre-existing condition -- Standard Instruction 5.1(b) is required where defendant's negligence acts in combination with plaintiff's physical condition to produce resulting injury
Reported at 33 Fla. L. Weekly D737c

Torts -- Bars and lounges -- Dram Shop Act -- Defendant tavern was not liable to underage plaintiffs under Dram Shop Act for injuries which were sustained by them some time after they had left tavern, burglarized co-worker's residence, and engaged co-worker in fight in which one of plaintiffs struck co-worker with beer bottle and co-worker defended himself with a knife -- Dram Shop Act is not strict liability statute -- Forcible felony defense under section 776.085(1) is both mandatory and unqualified and specifies that any action for damages is barred if injury was sustained by a participant during commission or attempted commission of a forcible felony
Reported at 33 Fla. L. Weekly D746a

Torts -- Premises liability -- Trip and fall over paver on property at which plaintiff had formerly resided as tenant -- Error to grant defendant's motion for summary judgment on basis that condition of paver was open and obvious, thereby relieving defendant of duty to warn -- Finding that condition was open and obvious does not discharge defendant's duty to maintain property in reasonably safe condition, and trial court failed to determine whether defendant had used reasonable care in maintaining the property
Reported at 33 Fla. L. Weekly D751b
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