MILTON ESKIND AND EVELYN T. ESKIND, HIS WIFE, J. ALPHONSE CHOQUETTE AND HELEN VERMETTE CHOQUETTE, HIS WIFE, AND ANGELINA RUSSO, APPELLANTS,
v.
CITY OF VERO BEACH, A MUNICIPAL CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1961-06-02
No. 2164
ALLEN, C. J., and KANNER and SHANNON, JJ., concur. .
130 So. 2d 631 Florida District Court of Appeal, Second District (1961) Negative Treatment
Cited by 32 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See City of Daytona Beach v. Abdo, Fla.App.1959, 112 So.2d 398, and Fla., 118 So.2d 540.

ALLEN, C. J., and KANNER and SHANNON, JJ., concur. .


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  • …, 19 So. 2d at 408; Ide, 50 Fla. at 808, 8 So. 2d at 925. The county, however, is not, nor should it be, the insurer of the safety of all who utilize its park facilities. Payne, 155 Fla. at 13, 19 So. 2d at 408; Biltmore Terrace Associates v. Kegan, 130 So. 2d 631 (Fla. 3d DCA 1961), cert. discharged, 154 So. 2d 825 (Fla.1963). Prior to the instant decision, the courts of this state generally followed the rule that a governmental entity would be liable for injuries such as those sustained by Aval-lone only wh…
  • Midstate Hauling Co. v. Fowler, 176 So. 2d 87 (Fla. 1965)
    …initially considered by it. It is so ordered. THOMAS, Acting C. J., and THORN-AL, O’CONNELL and ERVIN, JJ., concur. . 162 So. 2d 278 (Fla.1964). . Id., 162 So. 2d at 281. . 51 So .2d 717, 721 (Fla.1951). . Biltmore Terrace Associates v. Kegan, 130 So. 2d 631, 633 (Fla.App.3rd 1961) cert. discharged 154 So. 2d 825 (Fla.1963): “In evaluating the evidence on appeal the test is whether this court, after viewing the case most favorably to the successful litigant, can say that the jury as reasonable men could…
  • Savignac v. Dep't OF Transp., 406 So. 2d 1143 (Fla. 2d DCA 1981)
    …it was not intended, the owner generally has no duty to warn of dangers on the property, and those who so use the property do so at their own risk. Dranstadt v. City of West Palm Beach, 81 So. 2d 484 (Fla.1955); Biltmore Terrace Associates v. Kegan, 130 So. 2d 631 (Fla. 3d DCA 1961), cert. discharged, 154 So. 2d 825 (Fla.1963). The owner is required only to maintain the facilities in question “in a reasonably safe condition for the purposes to which they are adapted and apparently designed to be used.” Ramade…

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