JOANN LE MIEUX, APPELLANT,
v.
MIAMI DADE COMMUNITY COLLEGE, A SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal from a summary final judgment entered in an action against the appellee for injuries sustained when appellant was attacked by an intruder in a restroom at Miami Dade Community College, North Campus, as a result of the alleged negligence of the college.
Our review of the record convinces us that summary judgment was improper as there were issues of fact that deserved development in further proceedings. See Holl v. Talcott, 191 So. 2d 40 (Fla.1966); McCoy v. Hoffmeister, 435 So. 2d 989 (Fla. 5th DCA 1983); Moore v. Freeman, 396 So. 2d 276 (Fla. 3d DCA 1981), and cases cited; Dawson v. Scheben, 351 So. 2d 367 (Fla. 4th DCA 1977); Byrnes v. Publix Super Markets, Inc., 272 So. 2d 218 (Fla. 4th DCA 1973).
Therefore, the judgment appealed is reversed and the cause is remanded for further proceedings.
Reversed and remanded.
JORGENSON, Judge,
concurring specialty-
I agree that the summary judgment should be reversed because discovery was still ongoing. See Moore v. Freeman, 396 So. 2d 276 (Fla. 3d DCA 1981). Because the record is not fully developed I take no position on the ultimate liability of the defendant, a public institution, and the duty it owes to the plaintiff, a student who was injured by the criminal acts of a third party. See Relyea v. State, 385 So. 2d 1378 (Fla. 4th DCA 1980).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carron M. Cutler v. The Bd. OF Regents OF the State OF Fla., 459 So. 2d 413 (Fla. 1st DCA 1984)…ice officers who stop visibly intoxicated driver who is operating motor vehicle in careless and reckless fashion, but do not arrest or detain driver who later causes injury to plaintiff — conflict certified); LeMieux v. Miami Dade Community College, 448 So. 2d 560 (Fla. 3d DCA 1984) (error to enter summary judgment where factual issues remain concerning injuries sustained when plaintiff was attacked by an intruder in a restroom at Miami Dade Community College); Palmer v. City of Daytona Beach, 443 So. 2d 371…
Authorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Relyea v. State, 385 So. 2d 1378 (Fla. 4th DCA 1980)
- Moore v. Freeman, 396 So. 2d 276 (Fla. 3d DCA 1981)
- McCOY v. Hoffmeister, 435 So. 2d 989 (Fla. 5th DCA 1983)
- Dawson v. Scheben, 351 So. 2d 367 (Fla. 4th DCA 1977)
- Byrnes v. Publix Super Mkts., Inc., 272 So. 2d 218 (Fla. 4th DCA 1973)