Jones v. Basha, Inc.
96 So. 3d 915
Fla. Dist. Ct. App.2011Background
- Jones sued Basha, Inc. alleging premises liability for a 2000 attempted carjacking outside Central Food Market.
- Basha had sold Central Food Market to Becker Enterprises in 1997 and allegedly had no control over operation or security thereafter.
- Becker, not Basha, ran daily operations and maintained the premises under a lease that obligated Becker to maintain safety and liability insurance.
- The lease between Basha and Becker placed responsibility for maintaining the premises and public safety on Becker and required Becker to defend and indemnify Basha.
- Basha maintained its own building insurance, but the policy did not establish control over premises or public access.
- The trial court granted summary judgment for Basha; on appeal, Jones contested whether Basha retained any control or duty to provide reasonable security.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Basha owed a duty to provide security at Central Food Market. | Jones argues Basha retained control or duty despite sale. | Basha had no control after the sale and no duty to secure the premises. | No control or duty shown; no summary-judgment error. |
| Whether the lease or insurance arrangements create a genuine fact issue as to control. | Lease is silent on security; insurance procured by Basha implies control. | Neither document proves control or duty; Becker was responsible. | No fact issue; Becker held responsibility. |
| Whether post-sale communications between Habbas and Nafel show control over premises. | Habbas kept in contact with Nafel suggesting ongoing involvement. | No evidence that contact related to controlling the premises. | No fact issue; not evidence of control. |
Key Cases Cited
- Williams v. Davis, 974 So.2d 1052 (Fla.2007) (duty question is a matter of law)
- Holl v. Talcott, 191 So.2d 40 (Fla.1966) (burden-shifting in summary-judgment analysis)
- Wal-Mart Stores, Inc. v. McDonald, 676 So.2d 12 (Fla.1st DCA 1996) (landlord-tenant control over premises for duty)
- Brown v. Suncharm Ranch, Inc., 748 So.2d 1077 (Fla.5th DCA 1999) (landlord control over public access governs liability)
- Publix Super Markets, Inc. v. Jeffery, 650 So.2d 122 (Fla.3d DCA 1995) (lease language and control factors in premises liability)