07-0657 TIGER POINT, et al v. WILLIAM HIPPLE

State: Florida

Court: Florida First District Court

Docket No: 07-0657

Case Date: 12/20/2007

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA TIGER POINT GOLF and COUNTRY CLUB, FAIRWAYS GROUP, LP aka FAIRWAYS GOLF CORPORATION dba TIGER POINT GOLF and COUNTRY CLUB, and MEADOWBROOK GOLF GROUP, INC. CORPORATION, Appellants, v. WILLIAM J. HIPPLE, Appellee. ___________________________/ Opinion filed December 20, 2007. An appeal from the Circuit Court for Santa Rosa County. Ronald V. Swanson, Judge. Peter S. Roumbos of Young, Bill, Fugett & Roumbos, P.A., Pensacola, for Appellants. John C. Barrett, Gulf Breeze, for Appellee. CORRECTED OPINION BENTON, J. Appellants (Tiger Point) seek to overturn the judgment entered against them in favor of William J. Hipple for injuries Mr. Hipple sustained when he and two others

CASE NO. 1D07-0657

forcibly removed a handrail on Tiger Point's premises and dropped it on Mr. Hipple's foot, breaking a bone in his toe. We do not disturb the award of compensatory damages. But we agree with Tiger Point that the trial court erred in denying its motion for summary judgment as to punitive damages, and reverse the award of punitive damages. Mr. Hipple sued on the theory that Tiger Point breached its duty as a landowner by failing to maintain a handrail in safe condition. See generally Owens v. Publix Supermarkets, Inc., 802 So. 2d 315 (Fla. 2001) (superseded in part by Fla. Stat.

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