KARYN MILLER, A MINOR, BY AND THROUGH HER NATURAL MOTHER AND LEGAL GUARDIAN, BARBARA MILLER, APPELLANT,
v.
LINDA FOSTER, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the third amended complaint sufficiently alleged all elements of a negligence cause of action and therefore stated a claim.
Plaintiff Karyn Miller was injured when she fell from her horse during an equestrian event. Miller sued her trainer, Linda Foster, alleging negligent …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Pleading Standard cases and more on FLexlaw
STEVENSON, Judge.
Appellant, Karyn Miller, fell from her horse and was injured while participating in an equestrian event. Following this incident, Miller filed suit against several defendants, including appellee, Linda Foster, Miller’s equestrian trainer and supervisor. The complaint alleged that Foster was negligent in failing to properly supervise Miller when the horse Miller was riding became spooked by the noise of a passing motor scooter causing Miller’s fall. This appeal arises from the trial court’s dismissal with prejudice of that count of Miller’s third amended complaint directed to Foster. We have reviewed the third amended complaint and find that it does, in fact, state a negligence cause of action.
The elements of a negligence cause of action are duty, breach, causation, and damages. Paterson v. Deeb, 472 So. 2d 1210, 1214 (Fla. 1st DCA 1985), review denied, 484 So. 2d 8 (Fla.1986).
In order to state a cause of action, a complaint need only contain a short and plain statement as to the ultimate facts which indicate that the pleader is entitled to relief_ In short, if the pleader alleges the necessary elements of the cause of action, the complaint states a cause of action. Shahid v. Campbell, 552 So. 2d 321, 322 (Fla. 1st DCA 1989).
Here, Miller’s third amended complaint sufficiently alleged all of the elements of a negligence cause of action. We, therefore, reverse the trial court’s dismissal of the third amended complaint.
REVERSED and REMANDED.
GLICKSTEIN and PARIENTE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ewing v. Louis Sellinger, M.D., 758 So. 2d 1196 (Fla. 4th DCA 2000)…ablish a cause of action for negligence the plaintiff must show that the defendant owed a duty of care to the plaintiff, that the defendant breached the duty, that the breach caused plaintiffs injury, and that damages are owed. See Miller v. Foster, 686 So. 2d 783, 783 (Fla. 4th DCA 1997); see also Cato v. West Florida Hosp., Inc., 471 So. 2d 598, 600 (Fla. 1st DCA 1985). In the instant case, the trial court granted the judgment notwithstanding the verdict based upon Gooding v. University Hosp. Bldg., Inc., 4…
-
Sussman v. First Fin. Title Co. OF Fla., 793 So. 2d 1066 (Fla. 4th DCA 2001)…nd this suit was not filed until April 13, 1998, it is time barred. However, we have held that in a general negligence case, the elements of a cause of action are existence of a duty, breach of that duty, causation, and damage. See Miller v. Foster, 686 So. 2d 783, 783 (Fla. 4th DCA 1997). Section 95.031(1), Florida Statutes, provides that “a cause of action accrues when the last element constituting the cause of action occurs.” Thus, in the instant case, appellants’ cause of action did not accrue until such…
-
Wroy v. N. Miami Med. Ctr., Ltd., 937 So. 2d 1116 (Fla. 3d DCA 2006)…of care; (2) the defendant breached that duty of care; and (3) that the breach of care proximately caused the injuries the plaintiff claims and that damages are owed. Gooding v. Univ. Hosp. Bldg., Inc., 445 So. 2d 1015 (Fla.1984); Miller v. Foster, 686 So. 2d 783 (Fla. 4th DCA 1997). The concern in this case is the proximate cause issue. In Gooding, the Florida Supreme Court acknowledged that Florida courts follow the “more likely than not” standard of causation and require proof that the negligence probabl…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Polly Suzanne Paterson v. Deeb, 472 So. 2d 1210 (Fla. 1st DCA 1985)
- Shahid v. Campbell, 552 So. 2d 321 (Fla. 1st DCA 1989)