BEVERLY S. REESE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JAMES C. REESE, ON BEHALF OF THE ESTATE OF JAMES C. REESE AND ON BEHALF OF BEVERLY S. REESE, SURVIVING WIFE OF JAMES C. REESE, JAMIE L. REESE, SURVIVING MINOR DAUGHTER OF JAMES C. REESE AND LEANDRA J. REESE, SURVIVING MINOR DAUGHTER OF JAMES C. REESE, APPELLANTS,
v.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT, AN AGENCY AND/OR SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm the summary final judgment in favor of appellee South Florida Water Management District, defendant below. The District does not own, possess or control the area in which the drowning accident occurred. The S-352 flood control structure was designed and constructed by the United States Army Corps of Engineers, which has legal ownership and control of the site and which is responsible for all maintenance and physical oversight of the structure and the surrounding premises. The District was not legally responsible for the design or construction of the S352 flood control structure. The District’s adjustment of the flood control gate three days prior to the accident was done in accordance with the operational requirements and regulations of the Corps, under contractual authorization from the Corps. There is no evidence that the District performed any independent negligent act or violated any operational standard set by the Corps which would be sufficient to impose tort liability. See Westchester Exxon v. Valdes, 524 So. 2d 452 (Fla. 3d DCA 1988).
AFFIRMED.
WARNER and GROSS, JJ., and HAUSER, JAMES C., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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City OF Delray Beach v. Keiser, 699 So. 2d 855 (Fla. 4th DCA 1997)…y of summary judgment for the City. The evidence clearly shows that the Mall, not the City, undertook to place and maintain the stop sign on the Mall’s property. Under these facts, the City had no duty. Reese v. South Florida Waier Management Dist., 677 So. 2d 1370 (Fla. 4th DCA 1996), rev. denied, 689 So. 2d 1071 (Fla.1997). The orders enforcing the mediation settlement and awarding fees and costs against the City are reversed and the case is remanded for entry of summary judgment in favor of the City. REVE…
Authorities Cited
- Westchester Exxon v. Marcelo Valdes and Maribel Valdes, 524 So. 2d 452 (Fla. 3d DCA 1988)
- Reese v. S. Fla. Water Mgmt. Dist., 59 F.3d 1128 (11th Cir. 1995)