Alexander v. Allen
Alexander v. Allen
Opinion of the Court
Wilford and Cynthia Alexander appeal a final summary judgment entered by the trial court in favor of Heather Allen. We affirm.
Wilford Alexander, a guest of Allen’s, was wounded during an armed home invasion and, as a consequence, suffered catastrophic injuries. Several of Allen’s friends, including Alexander, were visiting one evening on Allen’s front porch. Allen was inside her home watching television with her two young children. Two armed men suddenly appeared on the porch, forced the visitors into the house, and cautioned everyone to be quiet. According to Alexander’s deposition testimony, Allen began to scream, whereupon the gunmen opened fire. Alexander sustained multiple gunshot wounds and was rendered a paraplegic.
Alexander brought an action for damages against Allen. Count I of the com
In reviewing an order on final summary judgment, this court must view the record in a light most favorable to appellants and indulge every reasonable inference of fact in their favor. Salgueiro v. Fiumara, 305 So.2d 5 (Fla.3d DCA 1974). We assume, therefore, that Allen began to scream and continued to scream until the gunmen started shooting. Where an injury is caused by the active conduct of the putative tortfeasor, an ordinary negligence standard applies.
The order under review is affirmed.
. Allen mistakenly relies upon Trianon Park Condominium v. City of Hialeah, 468 So.2d 912 (Fla. 1985) (no common law duty for private person to enforce law for benefit of another or to prevent misconduct of third parties) and the rule stated in section 315 of the Restatement (Second) of Torts (1964) (no duty of care absent special relationship). Neither is applicable where, as here, the negligence complained of is grounded upon an affirmative act which allegedly created an undue risk of harm.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.