Defendant did not owe a duty to the decedent because its conduct did not create a foreseeable zone of risk.

In this wrongful death case, the decedent was a guest at the Cheeca Lodge in Islamorada, Florida. The Cheeca Lodge is located east of U.S. 1, a two-lane highway running north and south. A local public road, Old Highway 1, runs parallel between U.S. 1 and Cheeca Lodge. A grocery store called the Trading Post was located on the west side of U.S. 1. The Cheeca Lodge offered guests a shuttle service to take them to destinations near the resort, including the Trading Post. Separately, it offered a golf cart service to take guests around its property. The golf cart service was prohibited, however, from traveling on public roads beyond the resort’s property, but it was permitted to cross Old Highway 1. The decedent used the golf cart service for a ride to the Trading Post. The employee driver drove the decedent across Old Highway 1 but stopped 20 feet from U.S. 1, in accordance with the golf cart service policy. The decedent exited the golf cart and, while waiting to cross U.S. 1 on foot, was struck by a vehicle. The decedent filed a lawsuit prior to his death against the driver of the vehicle that struck him and the Cheeca Lodge. The trial court granted summary judgment in the resort’s favor, agreeing that it did not owe a duty to the decedent because its conduct did not create a foreseeable zone of risk. On appeal, the appellate court agreed that Cheeca Lodge did not create a foreseeable zone of risk by dropping off the decedent on the east side of U.S. 1, and therefore, Cheeca Lodge owed decedent no duty of care with respect to any potential danger in crossing U.S. 1.

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