CHRISTOPHER PRENDES, APPELLANT,
v.
MIAMI-DADE COUNTY, APPELLEE

Fla. 3d DCA | 2002-07-24
No. 3D01-2306
Before SCHWARTZ, C.J., and FLETCHER and SORONDO, JJ.
821 So. 2d 1196 Florida District Court of Appeal, Third District (2002) Caution
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The summary judgment entered below for the defendant county is reversed for trial because the record presents genuine issues of material fact as to the plaintiffs legal status at the time and place in county park property he was injured, see Wood v. Camp, 284 So. 2d 691 (Fla.1973); Pedreira v. Silva, 468 So. 2d 1073 (Fla. 3d DCA 1985); Marks v. Delcastillo, 386 So. 2d 1259 (Fla. 3d DCA 1980), review denied, 397 So. 2d 778 (Fla.1981); McCabe v. Walt Disney World Co., 350 So. 2d 814 (Fla. 4th DCA 1977), and whether the county owed and breached a duty to exercise due care to protect him from reasonably foreseeable criminal attacks. See Cunningham v. City of Dania, 771 So. 2d 12 (Fla. 4th DCA 2000); Collazos v. City of West Miami, 683 So. 2d 1161 (Fla. 3d DCA 1996), review denied, 695 So. 2d 698 (Fla.1997); Hill v. City of North Miami Beach, 613 So. 2d 1356 (Fla. 3d DCA 1993); Ameijeiras v. Metropolitan Dade County, 534 So. 2d 812 (Fla. 3d DCA 1988), review denied, 542 So. 2d 1332 (Fla.1989).

Reversed.


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Citator

Cited By

  • Sanchez v. Miami-Dade Cnty., 245 So. 3d 933 (Fla. 3d DCA 2018)
    …ommenced; and notifying the event sponsor, the off-duty police hired for the event, and the appropriate Parks Department managers, so that the event could be shut down when it spiraled out of control. [*949] Here, as in Prendes v. Miami-Dade County, 821 So. 2d 1196, 1196 (Fla. 3d DCA 2002), the summary judgment should be reversed so that a jury can determine whether the County breached a duty to exercise due care to protect Mr. Sanchez from "reasonably foreseeable criminal attacks." Mr. Sanchez has not conflat…
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