ELVIN ALVES AND ALICIA ALVES, APPELLANTS,
v.
ADLER BUILT INDUSTRIES, INC., A FLORIDA CORPORATION, NORTH CAUSEWAY TOWNHOUSES, INC., A FLORIDA CORPORATION, AND MORTON ADLER, INDIVIDUALLY, APPELLEES
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The court held that the negligence of the defendants, if any, was not the proximate cause of the child's drowning.
A two-year-old child drowned in a sand pile adjacent to a lake on property next to her home. The child's parents were allegedly negligent in supervisi…
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PER CURIAM.
These consolidated appeals question the propriety of three summary judgments in a negligence action. Joyce Alves, a two-year-old child, drowned while playing in and about a sand pile adjacent to a lake on property next to her parents’ home.
We affirm because the negligence of the defendants, if any (which we do not rule upon), was not the proximate cause of the accident. The negligence on the part of the parents in failing to properly supervise the two-year-old child, when they were on notice of the propensity of the child to play in and about the sand pile, was the proximate cause of her demise.1 Orefice v. Albert, 237 So. 2d 142 (Fla.1970); Perotta v. Tri-State Insurance Company, 317 So. 2d 104 (Fla. 3d DCA 1975); 59 Am.Jur.2d, Parent and Child, § 14.
In view of our ruling as to the proximate cause being a bar to this action, the other points raised in the several briefs have not been considered. Therefore, the summary judgments here under review are hereby affirmed.
Affirmed.
KEHOE, J., dissents.
. Chuck K. Davis (the construction superintendent) took the child home on at least one occasion and gave her to her mother. Vincent Pepe (the watchman) took her home a couple of times and told the people the child was near the water. Bertram M. McCall (a laborer) took her home from the site on at least two or three occasions.
Cases With Similar Vibessemantic neighbors from the corpus
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Cassel v. Price, 396 So. 2d 258 (Fla. 1st DCA 1981)…summary judgment for defendant affirmed, no foreseeability); Gaidymowizc v. Winn-Dixie Stores, Inc., 371 So. 2d 212 (Fla. 3rd DCA 1979), (directed verdict for defendant affirmed, no knowledge of dangerous condition); Alves v. Adler Built Industries, 366 So. 2d 802 (Fla. 3rd DCA 1979), (summary judgment for defendant affirmed, two year old child drowned playing in sand pile next to lake, neglect of parents sole proximate cause); Mansur v. Eubanks, 368 So. 2d 645 (Fla. 1st DCA 1979), (summary judgment for defen…
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Quest v. Joseph, 392 So. 2d 256 (Fla. 3d DCA 1980)…Winner v. Sharp, 43 So. 2d 634 (Fla.1949); Martinez v. Rodriquez, 410 F. 2d 729 (5th Cir. 1969); Humphrey v. City of Homestead, 224 So. 2d 739 (Fla. 3d DCA 1969), cert. denied, 232 So. 2d 178 (Fla.1969). Indeed, in Alves v. Adler Built Indus. Inc., 366 So. 2d 802 (Fla. 3d DCA 1979), cert. denied, 378 So. 2d 342 (Fla.1979), we went so far as to hold that the parents’ negligent supervision was [*260] the sole proximate cause of their child’s death. As was said very specifically in Humphrey at 224 So. 2d 740:…
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Darthy Ann Clement v. Rousselle Corp., 372 So. 2d 1156 (Fla. 1st DCA 1979)…igence of a person not party to the suit. Crews v. Warren, 157 So. 2d 553 (Fla. 1st D.C.A. 1963); Green v. Kersey, 189 So. 2d 236 (Fla. 2nd D.C.A. 1966); Isaacs v. Powell, 267 So. 2d 864 (Fla. 2nd D.C.A. 1962); Alves v. Adler Built Industries, Inc., 366 So. 2d 802 (Fla. 3d D.C.A. 1979). The rule is not changed by the fact that the third party is, as here, immune from suit by the plaintiff. In the Isaacs and Alves cases supra, the non-party, whose negligence was held properly considered as the proximate cause…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Orefice v. Albert, 237 So. 2d 142 (Fla. 1970)
- Perotta v. Tri-State Ins. Co., 317 So. 2d 104 (Fla. 3d DCA 1975)