THE CITY OF DELRAY BEACH, APPELLANT,
v.
SHALANDA WATTS, A MINOR BY AND THROUGH HER NATURAL MOTHER AND NEXT FRIEND, NAOMI WILLIAMS AND NAOMI WILLIAMS, INDIVIDUALLY, GEROME GHOLSTON, OWNER AND PROGRESSIVE AMERICAN INSURANCE COMPANY, ETC., ET AL., APPELLEES
PER CURIAM.
We reverse because "the placement of the garbage dumpster was a planning-level decision of the City thereby entitling it to sovereign immunity and, further, no exception was created because the dumpster did not constitute a known danger not readily apparent to potential victims or a hidden trap or danger. The dumpster and its location, and whatever danger they created, were open and obvious. Payne v. Broward Co., 461 So. 2d 63 (Fla.1984); City of St. Petersburg v. Collom, 419 So. 2d 1082 (Fla.1982); and Department of Transportation v. Neilson, 419 So. 2d 1071 (Fla.1982).
Reversed.
HERSEY and WALDEN, JJ„ and GREEN, OLIVER L., Jr., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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CSX Transp., Inc. v. Whittler, 584 So. 2d 579 (Fla. 4th DCA 1991)…cted not to place the dumpsters between the sidewalk and the curb. Any driver who noted that a dumpster was in the wrong place was required to notify his supervisor and request direction as to its possible removal. In City of Delray Beach v. Watts, 461 So. 2d 142 (Fla. 4th DCA 1984), we reversed a judgment against a city and held that the placement of a garbage dumpster was a planning level decision, and an open and obvious condition requiring judgment for the city as a matter of law. While the opinion may h…
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State v. Caffiero, 522 So. 2d 57 (Fla. 2d DCA 1988)…y, 461 So. 2d 63, 66 (Fla.1984); Paneque v. Metropolitan Dade County, 478 So. 2d 414, 415 (Fla. 3d DCA 1985). One court has held that the dangers of a trash dumpster are “readily apparent,” barring suit against a city. City of Delray Beach v. Watts, 461 So. 2d 142 (Fla. 4th DCA 1984). The fourth district has also affirmed the entry of a summary final judgment in favor of the DOT when a pedestrian was killed by a vehicle on a bridge with an unprotected walkway. Masters v. Wright, 508 So. 2d 1299 (Fla. 4th DCA…
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Miller v. City OF Fort Lauderdale, 508 So. 2d 1328 (Fla. 4th DCA 1987)…on); Barrera v. State Department of Transportation, 470 So. 2d 750 (Fla. 3d DCA), rev. denied, 480 So. 2d 1293 (Fla.1985) (decision of whether or not to replace a warning sign on a bridge is a planning level decision); City of Delray Beach v. Watts, 461 So. 2d 142 (Fla. 4th DCA 1984), rev. denied, 475 So. 2d 696 (Fla.1985) (placement and location of dumpster is a planning level decision); Osorio v. Metropolitan Dade County, 459 So. 2d 332 (Fla. 3d DCA 1984), rev. dismissed, 469 So. 2d 749 (Fla.1985) (decision…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dep't OF Transp. v. Neilson, 419 So. 2d 1071 (Fla. 1982)
- City OF ST. Petersburg v. Collom, 419 So. 2d 1082 (Fla. 1982)
- Payne v. Broward Cnty., 461 So. 2d 63 (Fla. 1984)