ROBERT MCCALLUM, A MINOR BY F. JOHN MCCALLUM, HIS FATHER AND NEXT FRIEND, AND F. JOHN MCCALLUM, INDIVIDUALLY, APPELLANTS,
v.
BILLIE BRODSKY, ADMINISTRATRIX OF THE ESTATE OF JACOB A. BRODSKY, DECEASED, FOR JACOB A. BRODSKY, DECEASED, INDIVIDUALLY AND TRADING AND DOING BUSINESS AS THE ASTROCRAFT MOTEL, ET AL., APPELLEES
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This case involves a negligence claim against a motel for injuries sustained by a minor guest when a motel door closed on his fingers. The appellate court affirmed the dismissal of the complaint for failure to state a cause of action.
No, the complaint did not sufficiently state a cause of action for negligence.
“The complaint was dismissed upon motions to dismiss for failure to state a cause of action.”
Describes the procedural posture of the case at the trial court level.
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Join FLexlaw to unlock all legal intelligenceA minor guest and his parents were staying at the defendants' motel. While the minor was entering a door, it closed on his fingers with great force du…
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The complaint charged the defendants with the negligent use of a door, in that, while a minor, who with his parents were guests at defendants’ motel, was entering the door the same closed upon his fingers with great force because of a gust of wind. There was no door stop on the door, which opened out, the only device attached to it being a chain which was fastened to the inside top of the door which prevented it from striking the exterior wall of the building. The complaint was dismissed upon motions to dismiss for failure to state a cause of action. See Dolan v. Callender, McAuslan & Troup Co., 26 R.I. 198, 58 A. 655; Ten Broeck v. Deinhardt, 120 App. Div. 473, 105 N.Y.S. 59; Jacob v. City of Pittsburgh, 330 Pa. 587, 198 A. 639; Sockwell v. Lucas & Jenkins Inc., 71 Ga.App. 765, 32 S.E.2d 201; Buzzell v. R. H. White Co., 220 Mass. 129, 107 N.E. 385; 16 A.L.R.2d 1161.
Affirmed.
SMITH, C. J., SHANNON, J., and WARREN, LAMAR, Associate Judge, concur.
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DE LA Rosa v. GEM Paver Sys., Inc., 795 So. 2d 230 (Fla. 3d DCA 2001)…ime was missing its safety arm, which controlled the door’s closing speed. De La Rosa sued Gem for damages, claiming' negligent maintenance of the door. Persuaded by Gem’s argument that the second district court’s decision in McCol-lum v. Brodsky, 158 So. 2d 589 (Fla. 2d DCA 1963) establishes that there is no duty on the part of a property owner to install and/or maintain an operational control device on its door, the trial court entered summary judgement in favor of Gem. However, there are insufficient fac…