Laguna v. The Berry Farm, LLC
A visitor fractured her ankle on a slide at an agritourism farm and sued for negligence; the trial court granted summary judgment on the basis of agritourism immunity under section 570.88(1), Florida Statutes. The Third District reversed, holding that the statutory immunity is conditioned on compliance with the signage/notice requirements of section 570.89, and that the plaintiff's deposition testimony that no warning signs were present on the day of the incident created a genuine issue of material fact.
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Key facts
- Visitor sustained a fractured ankle on a slide at an agritourism farm and sued the farm operator for negligence.
- The trial court granted the farm operator's motion for summary judgment based on statutory agritourism immunity under Florida Statutes section 570.88(1).
- +2 more key facts with a free trial
Why it matters
The opinion supplies a reusable roadmap for defeating summary judgment on statutory immunity defenses: where the movant bears the trial burden on an affirmative defense, it must produce directed-verdict-quality… — full analysis with a trial
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