TIFFANY BILLINGSLEE, A MINOR, BY AND THROUGH HER GRANDMOTHER AND NEXT FRIEND, ANNIE LONG, AND ANNIE LONG, INDIVIDUALLY, APPELLANTS,
v.
CITY OF HALLANDALE, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE
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The court reversed a directed verdict for the City of Hallandale in a negligence case involving a child injured by a broken swing chain, holding that circumstantial evidence of rust and lack of maintenance procedures established a prima facie case.
A directed verdict was improper where circumstantial evidence of rust, corrosion, and lack of maintenance procedures on a twenty-five-year-old swing set established a prima facie negligence case.
[1] A municipality has a duty to operate public parks safely, and circumstantial evidence of equipment deterioration and lack of maintenance procedures may establish a prima…
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Join FLexlaw to unlock all legal intelligenceTiffany Billingslee was injured when a swing chain broke while she was using a swing set in a normal fashion at a city park. Evidence showed the chain…
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STONE, Judge.
The plaintiffs appeal a judgment entered on a directed verdict for the City. Tiffany Billingslee was injured using a swing set at the defendant’s park when a swing chain “popped” and broke. She was using the swing in a normal fashion. There was testimony, confirmed by photographs in evidence, that the chain was rusted and corroded. There was also testimony that the city had no maintenance procedure for inspecting the twenty-five year old equipment. However, the chain was not introduced, nor was there any direct evidence that the rust caused the chain to break. The appellee has the duty to operate the park safely. Avallone v. Board of County Commissioners of Citrus County, 493 So. 2d 1002 (Fla.1986).
Upon a review of the record, we conclude that it was error to enter a directed verdict. The evidence, circumstantial and supporting, taken in the light most favorable to appellant, states a prima facie case. Thomas v. Perry Mfg., Inc., 539 So. 2d 2 (Fla. 4th DCA), rev. denied, 551 So. 2d 462 (1989); Armor Elevator Co. v. Wood, 312 So. 2d 514 (Fla. 3d DCA 1975), cert. denied, 330 So. 2d 14 (Fla.1976); McCarthy v. Florida Ladder Co., 295 So. 2d 707 (Fla. 2d DCA 1974); C.R. Bard, Inc. v. Mason, 247 So. 2d 471 (Fla. 2d DCA), cert. denied, 251 So. 2d 878 (1971).
REVERSED AND REMANDED.
ANSTEAD, J., and OWEN, WILLIAM C., Jr., Associate Judge, concur.
PER CURIAM.
Appellee’s motion for rehearing is denied. However, we strike the word “corroded” from the fourth sentence of paragraph one of the original opinion of the court. A review of the record confirms appellee’s contention that the word “corroded” appears only in the complaint while the testimony referred only to "rust.”
ANSTEAD and STONE, JJ., and OWEN, WILLIAM C., Jr., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Avallone v. Bd. OF Cnty. Comm'rs OF Citrus Cnty., 493 So. 2d 1002 (Fla. 1986)
- City OF Niceville v. McCULLOUGH, 295 So. 2d 707 (Fla. 1st DCA 1974)
- C. R. Bard, Inc. v. Mason, 247 So. 2d 471 (Fla. 2d DCA 1971)
- Stafford v. Stafford, 312 So. 2d 514 (Fla. 3d DCA 1975)
- Giamo v. State, 251 So. 2d 878 (Fla. 1971)
- C. R. Bard, Inc. v. Mason, 251 So. 2d 878 (Fla. 1971)
- Maxime Thomas and Diane Thomas v. Perry Mfg., Inc., 539 So. 2d 2 (Fla. 4th DCA 1989)