CITY OF MIAMI, A MUNICIPAL CORPORATION, PLAINTIFF IN ERROR,
v.
ALICE MATHEWS, A MINOR, BY HER NEXT FRIEND, DAVID MATHEWS, DEFENDANT IN ERROR
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 Florida Supreme Court affirmed a judgment against the City of Miami for personal injuries sustained by a ten-year-old girl. The court found no error in the jury's verdict, particularly regarding the lack of a special plea for failure to provide statutory notice and the insufficient evidence of contributory negligence.
The court held that the City of Miami did not properly plead the defense of failure to give statutory notice, as the general issue plea only denies the breach of duty. Furthermore, the court held that the evidence did not clearly establish that the plaintiff was guilty of contributory negligence sufficient to bar recovery.
“and there was no special plea as to failure to give the statutory notice of the claim, the plea of the general issue operating “as a denial only of the breach of duty or wrongful act alleged;””
Establishes the procedural issue regarding the city's failure to properly plead the defense of lack of statutory notice.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA ten-year-old girl, Alice Mathews, was injured when a drawbridge closed on her. She sued the City of Miami for personal injuries. The case proceeded …
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 Contributory Negligence cases and more on FLexlaw
Per Curiam.
This cause coming on to be heard upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said judgment.
The action is against the city for personal injuries, and there was no special plea as to failure to give the statutory notice of the claim, the plea of the general issue operating “as a denial only of the breach of duty or wrongful act alleged;” and the evidence does not clearly show, against the finding of the jury, that the plaintiff, ten-year old girl, was guilty of such contributory negligence as bars a recovery for an injury received in the closing of a drawbridge. It is, therefore, considered, ordered and adjudged by the Court, that the judgment herein is hereby affirmed. See Mathews v. City of Miami, 79 Fla. 108, 83 South. Rep. 867.
Affirmed. Whitfield, P. J., and West and Terrell, J. J., concur. Taylor, C. J., and Ellis and Browne, J. J., concur in the opinion.