90 So. 3d 915
Fla. Dist. Ct. App.2012Background
- Appellant Barbara Hanrahan resides at Pinelake Gardens and Estates mobile home park.
- Her husband died after being attacked by fire ants following a walk near a common area known as the Preserve.
- Evidence showed no documented fire ant infestation at the incident area; exterminator and maintenance activities occurred routinely.
- Exterminator testified red fire ants are native wildlife in South Florida and complete eradication is impossible.
- Trial court granted summary judgment finding no duty due to lack of knowledge or possession of the ants by the park owners; appellate review affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in granting summary judgment on duty under ferae naturae. | Hanrahan argues owner should anticipate or guard for fire ants. | Pinelake asserts no duty absent possession, harboring, or knowledge of ants; no independent statutory duty. | Yes, the trial court correctly granted summary judgment. |
Key Cases Cited
- Wamser v. City of St. Petersburg, 339 So.2d 244 (Fla. 2d DCA 1976) (no duty absent knowledge of a danger from wild animals)
- Nicholson v. Smith, 986 S.W.2d 54 (Tex. App.1999) (fire ants as indigenous wild animals; no duty when owner did not bring them or know of risk)
- Belhumeur v. Zilm, 157 N.H.233, 949 A.2d 162 (2008) (recognizes potential duty in appropriate cases involving wild animals)
- St. Joseph’s Hosp. v. Cowart, 891 So.2d 1039 (Fla. 2d DCA 2004) (landowner may owe duty for wild animals in artificial structures; depends on knowledge of risk)
- McCain v. Fla. Power Corp., 593 So.2d 500 (Fla.1992) (foreseeability as to duty is a question of law)
- Aircraft Logistics, Inc. v. H.E. Sutton Forwarding Co., 1 So.3d 309 (Fla. 3d DCA 2009) (foreseeability as it relates to duty is a legal issue)