DAVID PADGETT, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Cassel v. Price, 396 So. 2d 258 (Fla. 1st DCA 1981)
  …e doctrine does not apply. See Edwards v. Maulé Industries Inc., 147 So. 2d 5 (Fla. 3rd DCA 1962), holding that piles of sand, which toppled and fell upon a child, causing his death, did not constitute an attractive nuisance. In McDaniel v. Mendez, 198 So. 2d 75 (Fla. 3rd DCA 1967), where a child fell from a couch striking her head on a concrete floor, the court held that the couch was not “inherently dangerous nor a trap,” nor was it maintained in such a manner as to create a dangerous condition, and did n…
• Jackson v. Whitmire Constr. Co., Inc., 202 So. 2d 861 (Fla. 2d DCA 1967)
  …tion cannot be deemed to involve an unreasonable risk of death or serious bodily harm to children unless it inherently presents a hidden and unusual element of danger in such a way as to constitute a trap for them. McDaniel v. Mendez, Fla.App. 1967, 198 So. 2d 75, 76; Johnson v. Williams, Fla.App.1966, 192 So. 2d 339, 340; Ridgewood Groves, Inc. v. Dowell, supra at 189 So. 2d 190; Switzer v. Dye, Fla.App. 1965, 177 So. 2d 539, 541; Tampa Elec. Co. v. Lariscy, supra at 166 So. 2d 229; Edwards v. Maule Industr…
• Butler v. Porter-Russell Corp., 217 So. 2d 298 (Fla. 1968)
  …an attractive nuisance. Miller v. Guernsey Construction Company, Fla.App.1959, 112 So. 2d 55. The stacking of cement blocks four blocks high upon a concrete slab does not of itself create an attractive nuisance. Cf. McDaniel v. Mendez, Fla.App.1967, 198 So. 2d 75. We therefore conclude the summary final judgment for all the appellees was properly entered as to count one (attractive nuisance).” (Text 880-881.) We agree with the dissenting Chief Judge Carroll of the District Court and find that the District C…

Authorities Cited

• Peel v. State, 150 So. 2d 281 (Fla. 2d DCA 1963)
• Smith v. State, 168 So. 2d 585 (Fla. 3d DCA 1964)