NELLIE QUINONES, AS ADMINISTRATRIX AND PERSONAL REPRESENTATIVE OF THE ESTATE OF PEDRO LUIS QUINONES, APPELLANT,
v.
METROPOLITAN DADE COUNTY, APPELLEE
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Summary judgment for county in wrongful death action was reversed because genuine issues of material fact existed regarding negligence in failing to safeguard an inmate with known mental instability who committed suicide in jail.
Summary judgment for the defendant was improper because genuine issues of material fact existed regarding the county's alleged negligence in failing to safeguard an inmate with known mental instability.
[1] Summary judgment is improper in a negligence action when genuine issues of material fact exist regarding a custodian's duty to safeguard an inmate with known mental insta…
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Join FLexlaw to unlock all legal intelligenceThe decedent was arrested for aggravated assault and at a bond hearing was denied bond due to being deemed a danger to himself and others; the court o…
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PER CURIAM.
In this wrongful death action filed against Metropolitan Dade County, the plaintiff appeals from a summary judgment entered for the defendant.
On August 5, 1974, the day following arrest of the plaintiff’s decedent on the charge of aggravated assault, at a bond hearing the court denied bond upon viewing the accused to be a danger to the public and to himself, and ordered that the accused be given a psychiatric evaluation. Five days later, on August 10,1974, before any action was taken on the order for his examination, the accused committed suicide, by hanging himself, while incarcerated in the Dade County Jail in a cell which contained 19 other men. The complaint in the subsequent wrongful death action charged the defendant with negligence by failing to properly safeguard the accused, after being informed of his unstable mental condition, proximately resulting in the death of the decedent.
On consideration of the record, briefs and arguments, we hold the pleadings and evidence before the court presented genuine issues of material fact bearing on the alleged negligence of the defendant which properly could not be disposed of by summary judgment. Since the cause is to be remanded for trial, we refrain from making a statement of the facts disclosed.
The summary judgment for the defendant is reversed, and the Cause is remanded for further proceedings.
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Johnson v. City OF Fort Lauderdale, 522 So. 2d 1038 (Fla. 4th DCA 1988)…Robinson v. Great Southern Trucking Co., 95 So. 2d 418 (Fla.1957); Passaro v. City of Sunrise, 415 So. 2d 162 (Fla. 4th DCA 1982); Squitieri v. Aetna Casualty and Surety Co., 382 So. 2d 730 (Fla. 5th DCA 1980); Quinones v. Metropolitan Dade County, 366 So. 2d 535 (Fla. 3d DCA 1979); Williams v. Caterpillar Tractor Co., 149 So. 2d 898 (Fla. 2d DCA), cert. denied, 155 So. 2d 614 (Fla.1963). GLICKSTEIN and STONE, JJ., and BLOOM, PHILIP, Associate Judge, concur.…