FOLEY
v.
HIALEAH RACE COURSE
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The Florida Supreme Court affirmed a lower court's decision, holding that a plaintiff's complaint alleging negligence in the supervision of a parking lot was too vague to state a cause of action. The court found no inherent danger in a parking lot and that the plaintiff's allegations did not establish a proximate cause between the defendant's alleged negligence and the plaintiff's damages.
No, the complaint is insufficient because it lacks specific factual allegations to demonstrate a breach of duty that proximately caused the plaintiff's injury. The allegations are too vague and general.
[1] A complaint alleging negligent supervision and maintenance of a parking lot must contain specific factual allegations establishing a breach of duty and proximate causatio…
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Join FLexlaw to unlock all legal intelligence“There is nothing inherently dangerous about a parking lot.”
Establishes the court's view on the nature of the premises.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff sued the defendant for damages sustained when his car collided with another car in the defendant's parking lot. The plaintiff alleged th…
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53 So. 2d 771 (1951) FOLEY et ux. v. HIALEAH RACE COURSE, Inc.
Supreme Court of Florida, Division B. August 3, 1951.
Brown & Dean, Miami, for appellants.
George J. Baya, Miami, for appellee. ADAMS, Justice.
We review a judgment holding plaintiff's complaint was insufficient to state a cause of action.
The complaint alleged that defendant maintained a park where horse racing was conducted; that auxiliary thereto defendant maintained a parking lot as a convenience to its patrons; that defendant "carelessly and negligently supervised, maintained and controlled the said race park and parking area, in that there were an insufficient number of traffic attendants; that the said attendants were improperly stationed; that the said attendants were not performing their duties; and that there were insufficient traffic warning devices and controls."
Plaintiff asserts that by reason of defendant's neglect, while driving his own automobile, he collided with an automobile being driven by a third party, who was departing from the parking lot, and was damaged.
The judgment is correct. There is nothing inherently dangerous about a parking lot. No factual allegation is made to indicate a breach of duty which proximately contributed to plaintiff's injury. The allegations are too vague and general to state a cause of action. The proximate cause of plaintiff's injury was by no act of defendant. See Rosen v. City of Miami, 141 Fla. 664, 193 So. 749; Williams v. Atlantic Coast Line R. Co., 56 Fla. 735, 48 So. 209, 24 L.R.A.,N.S., 134.
The judgment is affirmed.
SEBRING, C.J., and CHAPMAN and ROBERTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Heps v. Burdine's, Inc., 69 So. 2d 340 (Fla. 1954)…296 N.Y.S. 341; Jacob v. City of Pittsburg, 330 Pa. 587, 198 A. 639; O’Neill v. S. S. Kresge Company, 317 Mass. 768, 58 N.E. 2d 247; Andrews v. Narber, Fla., 59 So. 2d 869; Miller v. Shull, Fla., 48 So. 2d 521 and Foley v. Hialeah Race Course, Fla., 53 So. 2d 771. The judgment appealed from is therefore affirmed. Affirmed. ROBERTS, C. J, and SEBRING and MATHEWS, JJ, concur.…
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Helene A. Steigman v. Danese, 502 So. 2d 463 (Fla. 1st DCA 1987)…e facts showing that the pleader is entitled to relief.” Fla.R.Civ.P. 1.110(b)(2); Trawick, Fla.Prac. and Proc. s. 6-5 (1985). Each element essential to recovery for the particular cause of action must be alleged. Foley v. Hialeah Race Course, Inc., 53 So. 2d 771 (Fla.1951). And while it is not sufficient to allege conclusions alone, “conclusions are not objectionable if they are supported by sufficient allegations of ultimate facts.” Trawick, Fla.Prac. and Proc. s. 6-6 (1985). The purpose of a motion to dis…
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Foley v. Hialeah Race Course, 53 So.2d 771 (Fla. 1951)…53 So. 2d 771 (1951) FOLEY et ux. v. HIALEAH RACE COURSE, Inc. Supreme Court of Florida, Division B. August 3, 1951. Brown & Dean, Miami, for appellants. George J. Baya, Miami, for appellee. ADAMS, Justice. We review a judgment holding plaintiff's complaint…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. The Atl. Coast Line R.R. Co., 56 Fla. 735 (Fla. 1908)
- Foley v. Hialeah Race Course, 53 So.2d 771 (Fla. 1951)
- Rosen v. City of Miami, 141 Fla. 664 (Fla. 1940)