ELLEN SCHWARTZ AND O.M. SCHWARTZ, HER HUSBAND, APPELLANTS,
v.
MIAMI HEAT LIMITED PARTNERSHIP, A FLORIDA LIMITED PARTNERSHIP, FLORIDA BASKETBALL ASSOCIATES, INC., A FLORIDA CORP., LEISURE MANAGEMENT MIAMI, INC., A DELAWARE CORP., MIAMI SPORTS AND EXHIBITION AUTHORITY, AND DIANA JACKSON, APPELLEES
ELLEN SCHWARTZ AND O.M. SCHWARTZ, HER HUSBAND, APPELLANTS,
MIAMI HEAT LIMITED PARTNERSHIP, A FLORIDA LIMITED PARTNERSHIP, FLORIDA BASKETBALL ASSOCIATES, INC., A FLORIDA CORP., LEISURE MANAGEMENT MIAMI, INC., A DELAWARE CORP., MIAMI SPORTS AND EXHIBITION AUTHORITY, AND DIANA JACKSON, APPELLEES
638 So. 2d 625
Florida District Court of Appeal, Third District (1994)
Opinion of the Court
PER CURIAM.
Affirmed. Dean v. Rouillier, 597 So. 2d 961 (Fla. 5th DCA), review denied, 606 So. 2d 1165 (Fla.1992); see Chateloin v. Flanigan’s Enter., Inc., 423 So. 2d 1002 (Fla. 3d DCA 1982).
HUBBART and BASKIN, JJ., concur.
Concurrence
COPE, Judge,
specially concurring.
I concur in affirming on authority of Dean v. Rouillier, 597 So. 2d 961 (Fla. 5th DCA), review denied, 606 So. 2d 1165 (Fla.1992), only. It would be a different case if plaintiffs alleged that the appellees made the decision to route traffic into a high crime area (when a safer alternative was available) and hired the off-duty officer to do so. As pled, the amended complaint only alleges police negligence in the routing of traffic, which, under Dean, is not attributable to appellees.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Chateloin v. Flanigan's Enters. Inc., 423 So. 2d 1002 (Fla. 3d DCA 1982)
- Barrios v. Draper, 423 So. 2d 1002 (Fla. 3d DCA 1982)
- Dean v. Rouillier, 597 So. 2d 961 (Fla. 5th DCA 1992)