EDITH KASS AND DONALD KASS, M.D., APPELLANTS,
v.
CITY OF MIAMI BEACH, APPELLEE
PER CURIAM.
This appeal contests a final summary judgment entered in favor of appellee City of Miami Beach and against the appellant, who had filed suit against the city after injuring herself by stepping in a hole located in the swale or parkway area between the sidewalk and the street. We affirm the trial court’s ruling on the basis of Musetto v. City of Miami Beach, 82 So. 2d 595 (Fla.1955); Dramstadt v. City of West Palm Beach, 81 So. 2d 484 (Fla.1955); City of Miami Beach v. Quinn, 149 Fla. 326, 5 So. 2d 593 (1942); Collom v. City of St. Petersburg, 400 So. 2d 507 (Fla. 2d DCA 1981); City of Tamarac v. Garchar, 398 So. 2d 889 (Fla. 4th DCA 1981).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
City OF Pensacola v. Stamm, 448 So. 2d 39 (Fla. 1st DCA 1984)…a. 621, 29 So. 2d 441 (1947); Dramstadt v. City of West Palm Beach, 81 So. 2d 484 (Fla.1955); Musetto v. City of Miami Beach, 82 So. 2d 595 (Fla.1955); Lisk v. City of West Palm Beach, 160 Fla. 632, 36 So. 2d 197 (1948); Kass v. City of Miami Beach, 436 So. 2d 1086 (Fla. 3d DCA 1983). All of these cases are distinguishable. None involve, as does this case, a grass area upon which the injured person was virtually invited to walk. The grass areas in these cases were not intended to be used by pedestrians. Appel…
-
Turner v. City OF Tallahassee, 566 So. 2d 871 (Fla. 1st DCA 1990)…warn of a known dangerous condition which it did not create, Collom; Hill v. City of Lakeland, 466 So. 2d 1231 (Fla. 2d DCA 1985), and, generally, has no duty of care to maintain grassy strips in swales or parkways. See Kass v. City of Miami Beach, 436 So. 2d 1086 (Fla. 3d DCA 1983). Exceptions to these general rules have been made where the injured person was virtually invited to walk in the grass, City of Pensacola v. Stamm, 448 So. 2d 39, 41 (Fla. 1st DCA), petition for review denied, 456 So. 2d 1181 (Fla.…
-
Underwood v. City OF N. Miami, 559 So. 2d 97 (Fla. 3d DCA 1990)…PER CURIAM. Although a municipality has no common-law duty to maintain a grassy parkway, Musetto v. City of Miami Beach, 82 So. 2d 595 (Fla.1955); City of Miami Beach v. Quinn, 149 Fla. 326, 5 So. 2d 593 (1942); Kass v. City of Miami Beach, 436 So. 2d 1086 (Fla. 3d DCA 1983), once a governmental entity undertakes to perform a repair, a duty arises to complete the repair in a non-negligent manner. See Slemp v. City of N. Miami, 545 So. 2d 256 (Fla.1989); City of St. Petersburg v. Collum, 419 So. 2d 108…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City of Miami Beach v. Quinn, 5 So. 2d 593 (Fla. 1942)
- Collom v. City OF ST. Petersburg, 400 So. 2d 507 (Fla. 2d DCA 1981)
- Leiser v. State, 398 So. 2d 889 (Fla. 1st DCA 1981)
- City OF Tamarac v. Garchar, 398 So. 2d 889 (Fla. 4th DCA 1981)
- Musetto v. City OF Miami Beach, 82 So. 2d 595 (Fla. 1955)
- Dramstadt v. City OF W. Palm Beach, 81 So. 2d 484 (Fla. 1955)