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BORRACK v. REED

No. 4D09-4514.

53 So.3d 1253 (2011)

Randi BORRACK, Appellant, v. Charles D. REED, M.D., Appellee.

District Court of Appeal of Florida, Fourth District.

February 23, 2011.

Attorney(s) appearing for the Case

Terry E. Resk of Haile, Shaw & Pfaffenberger, P.A., North Palm Beach, for appellant.

Mark D. Tinker of Banker Lopez Gassler, P.A., Saint Petersburg, for appellee.

GERBER, J.

The plaintiff filed a complaint essentially alleging that the defendant negligently played a prank which caused injuries to her. The circuit court dismissed the case with prejudice, reasoning that the plaintiff failed to allege that the defendant created a "zone of risk." We reverse. The plaintiff sufficiently alleged that the defendant created a "zone of risk" for which the defendant owed the plaintiff a duty of reasonable care.

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