Lunney v. Post

248 So. 2d 504 (1971)

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Nature of the Case

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Facts

D allowed her estate to be included in a Garden Club tour of show-place homes. D received no tangible benefit. The Garden Club charged $5.00 for the tour which P paid. D had installed a vinyl material over her valuable Oriental rugs. It was unsuitable for the use assigned it. It bubbled and wrinkled when put into extensive use, as it was that day. P walked into the library, left and returned with her friends. She tripped on the plastic and fractured her hip. If P was declared a licensee, D only had a duty to refrain from wanton negligence or willful misconduct. If P was a business invitee, D had a duty to keep the premises in a reasonably safe condition. The court instructed that P was a licensee. The jury found that D had not breached her duty to a licensee. P appealed.