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Borrack v. Reed

Florida District Court of Appeal
53 So.3d 1253 (2011)


Facts

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

Issue

Holding and Reasoning (Gerber, J.)

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