Borrack v. Reed
Florida District Court of Appeal
53 So.3d 1253 (2011)
Randi Borrack (plaintiff) was dating Charles Reed (defendant) when he took her hiking up a lakeside cliff. Borrack claimed she was uncomfortable with the climb and protested, but Reed refused to descend. Instead, he told Borrack that he wanted to enjoy with her the incredible view at the top that he once enjoyed with his late brother. Compelled by those comments and afraid to descend alone, Borrack climbed to the top, but was afraid to look over the edge. When Borrack wasn’t looking, Reed jumped into the lake. Borrack yelled to Reed’s nephew below to find out what happened to Reed, but the nephew said he didn’t know, and that Borrack should jump to find him. Borrack claimed her concern and love for Reed compelled her to jump and try to save him. But Borrack suffered permanent injury and sued Reed for negligence. Borrack alleged that because Reed created a dangerous situation, he owed a duty to either lessen the risk or protect her from the risk. Instead, Reed induced her to jump and injure herself. The trial court found that Borrack failed to state a cognizable negligence claim and dismissed. Borrack appealed.
Rule of Law
Holding and Reasoning (Gerber, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 687,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 687,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 43,000 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.