Panel Reverses Premises Liability Ruling in Favor of Landowner and Remands for New Trial

Collins v. Marriot Int’l., No. 12-15739, from SDFla

Senior Judge Walker (2d Cir.) joined by Judge Marcus and Senior Judge Fay.
 

Summary: The plaintiff sued on a premises liability claim after he fell to his death on land that was not owned by the defendants, but which was surrounded by a golf course owned that was owned by the defendants.  On Florida state law grounds, the panel reversed the district court’s grant of the defendants’ motion for a directed verdict, finding that the defendants had a duty to maintain their own property in a reasonably safe manner, and finding that the plaintiff had proffered enough evidence to infer causation.  The panel also reversed the district court’s denial of the plaintiff’s motion for a new trial because the jury’s findings that the defendants were 1% liable for the accident, but that the plaintiff was entitled to $0 in damages were inconsistent.  The case was remanded for a  new trial.

 
Note: I’m not extremely familiar with Judge Walker, but it appears based on this tight, concise, and thorough opinion that his reputation as one of the better federal appellate judges is well-deserved.