ROSE MARIE FOLKS, AS ADMINISTRATRIX OF THE ESTATE OF JOHN D. LYLES, DECEASED, APPELLANT,
v.
CITY OF TAMPA, A MUNICIPAL CORPORATION, APPELLEE; DONNA LYLES, APPELLANT, V. CITY OF TAMPA, A MUNICIPAL CORPORATION, APPELLEE
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 administratrix and widow of John D. Lyles appealed the dismissal of their negligence action against the City of Tampa following Lyles' death in a gas explosion caused by a leaking pipe. The court affirmed the dismissal, holding that without allegations that the installation violated the building code or that the city inspector failed to enforce the code, the complaint failed to state a viable claim against the municipality.
The court need not reach the question of whether a special duty was owed to Lyles as an emergency responder. The complaint fails because it contains no allegation that the installation violated the building code or that the city's inspector failed to comply with or enforce the legislative requirements. Without such allegations, any failure by the city must be assumed to be a failure of legislative judgment, which falls short of the requirements for imposing municipal liability.
“enforcement, as distinguished from enactment, of building codes is an executive function which might give rise to liability under the doctrine respondeat superior if the negligent agent is liable”
Establishes the legal distinction between legislative and executive functions that determines when municipalities can be held liable for building code violations.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJohn D. Lyles, an employee of Greens Fuel of Florida Corp., was called to handle an emergency caused by gas leaking from a pipe that had been struck b…
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 Respondeat Superior cases and more on FLexlaw
The City of Tampa was one of several defendants in actions brought by the admin-istratrix and widow of John D. Lyles, who was killed as a result of the explosion of gas which, over a period of six hours, leaked out of a pipe struck by an automobile outside the restaurant of other defendants where it had been installed, plaintiffs say, in such a way that damage to it, consequent leaks and explosions were foreseeable. The complaints were dismissed as to the city on authority of Modlin v. City of Miami Beach, Fla.1967, 201 So.2d 70.
Plaintiffs contend on appeal that a duty was owed Lyles in this case which the City of Miami Beach was held not to owe Mrs. Modlin because Lyles, an employee of Greens Fuel of Florida Corp., was called to handle the emergency caused by the leaking gas. We need not reach this question. There is in the amended complaints no allegation that the installation failed to comply with the building code or that proper compliance with the legislative act of the city was overlooked by the inspector. If the city has failed in its duty we must assume, on these pleadings, that it is a failure of legislative judgment in allowing an exposed gas pipe, and the complaint falls short of the requirements set forth in Mr. Justice Thornal’s opinion in Hargrove v. Town of Cocoa Beach, Fla.1957, 96 So.2d 130, 60 A.L.R.2d 1193, which Mr. Justice O’Connell’s opinion in Modlin amplified to the extent of showing that enforcement, as distinguished from enactment, of building codes is an executive function which might give rise to liability under the doctrine respondeat superior if the negligent agent is liable.
It is worth noting that the amended complaints charge negligence of the city acting through its agent Greens Fuel of Florida Corp., Lyles’ employer. It is conceivable that Lyles himself was the employee of Greens Fuel who made the initial inspection under his employer’s contract with the city. Certainly one of its employees did. The failure to allege that the building code was violated by the installation determines the case before we reach the ramifications of this intriguing circumstance.
Affirmed.
LILES, C. J., concurs.
McNULTY, J., concurs in conclusion only.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Folks v. City of Tampa, 226 So. 2d 817 (Fla. 1969)…Certiorari denied without opinion. 221 So. 2d 426.…
Authorities Cited
- Ervine Hargrove v. Town OF Cocoa Beach, 96 So. 2d 130 (Fla. 1957)
- Modlin v. The City OF Miami Beach, 201 So. 2d 70 (Fla. 1967)