CRISTIANI
v.
CITY OF SARASOTA
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 Florida Supreme Court held that a negligence action against a city for personal injuries is barred by the statute of limitations when filed more than 12 months after the injury occurred, even if the full extent of the injury (blindness) was not discovered until 18 months later. The court affirmed the dismissal of the minor plaintiff's suit against the City of Sarasota.
The action was barred by the 12-month statute of limitations under Section 95.24, F.S.A. The statute of limitations begins to run at the time of the injury itself, not when the injury is discovered or its full effects materialize. The court did not reach the question of whether the notice requirement was waived.
“The general rule seems to be that actions for personal injury based on the wrongful or negligent act of another accrue at the time of the injury and that the statute of limitations begins to run at the same time.”
Establishes the fundamental principle that the statute of limitations runs from the time of the injury, not from discovery of the injury's full effects.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn November 8, 1948, a city truck backed into a tricycle ridden by six-year-old Nadio Cristiani, throwing him to the ground and causing blows to his h…
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 Accrual Of Cause Of Action cases and more on FLexlaw
TERRELL, Justice.
In March, 1951, Nadio Cristiani, a minor, by his next friend, Adolph Cristiani, filed suit against the City of Sarasota to recover damages for personal injuries. The second amended complaint in substance alleged that on November 8, 1948, a servant of the city acting within the scope of his employment carelessly and negligently backed a truck of the city against the tricycle of Nadio Cristiani causing him to be thrown to the ground and sustain violent blows on his head and body which resulted in blindness of the right eye which was not discovered till March, 1950. A motion to dismiss the amended complaint was granted on the theory that it failed to state a cause of action. Final judgment was entered for defendant, from which this appeal was prosecuted.
The point for determination is whether or not the action was barred by the statute of limitations, Section 95.24, F.S.A., the pertinent part of which is: “No action shall be brought against any city or village for any negligent or wrongful injury or damage to person or property unless brought within twelve months from the time of the injury or damages.”
Casual reading of the statute discloses that any action for damages against the city for injury or damage to person or property must he brought within 12 months. In this case it is pointed out that plaintiff was a minor six years of age at the time of his injury but that its full import, his blindness, did not materialize, or was not known, for 18 months or more, at which time the action was brought. It is contended that under such circumstances, the latter date should be construed as the date the action accrued as well as the date the statute of limitations begins to run.
The general rule seems to be that actions for personal injury based on the wrongful or negligent act of another accrue at the time of the injury and that the statute of limitations begins to run at the same time. The running of the statute is not postponed even though the injury may not materialize or be discovered till later. 54 C.J.S., Limitations of Actions, § 169; 34 Am.Jur., Limitations of Actions, § 160; Canada Dry Bottling Co. v. White, 153 Fla. 70, 13 So. 2d 595.
There is some controversy about the meaning of the language "or damage” as used in the Statute. The statute deals with “any negligent or wrongful injury or damage to person or property”. We think the phrase “injury or damage to person or property” means “injury to person” and “damage to property”. Either one or both might occur simultaneously but in either event the statute begins to run at the time of the accident or misfortune which caused the injury or damage. Any other interpretation placed on the statute would lay it open to endless confusion and uncertainty as to when claims covered by it are barred.
The only other point urged has to do with the question of whether or not the requirement of thirty days’ notice of the claim as required by the City Charter was waived in view of the fact that appellant was a minor and the city took notice of the misfortune and paid his hospital bill.
Since we hold that the action was barred by the statute of limitations, it becomes unnecessary to discuss or decide this question so we express no opinion on this point.
The judgment appealed from is accordingly affirmed.
Affirmed.
ROBERTS, C. J., and SEBRING and MATHEWS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (23 total)
-
Nardone v. Reynolds, 333 So. 2d 25 (Fla. 1976)…ute is not postponed by the fact that the actual or substantial damages do not occur until a later date. 34 Am.Jur. 126, Sec. 160, Limitation of Actions. “This rule was applied by this Court in the case of Cristiana [Cristiani] v. City of Sarasota, 65 So. 2d 878, which case is relied upon strongly by the appellant. In that case a servant of the city, acting within the scope of his employment, carelessly and negligently backed a truck of the city against the tricycle of a minor child, causing him to be throw…1 / 2
-
City of Miami v. Brooks, 70 So. 2d 306 (Fla. 1954)…of the statute is not postponed by the fact that the actual or substantial' damages do not occur until •a later date. 34 Am.Jur. 126, Sec. 160, Limitation of Actions. This rule was applied by this Court in the case of Cristiani v. City of Sarasota, 65 So. 2d 878, which case is relied upon strongly by the appellant. In that case a servant of the city, acting within the scope of his employment, carelessly and negligently backed a truck of the city against the tricycle of a minor child, causing him to be. thro…
-
Univ. OF Miami v. Bogorff, 583 So. 2d 1000 (Fla. 1991)…d treated Adam and knew of his injury. This was sufficient for their cause of action to accrue, thereby commencing the statutory limitation period against Dr. Koch and the University of Miami. Barron; Nardone. See also Cristiani v. City of Sarasota, 65 So. 2d 878 (Fla.1958) (knowledge of a negligent act alone is sufficient to commence the limitation period). Adam received treatments to maintain the remission of his leukemia; three months after the last treatment he became comatose and, soon thereafter, compl…
Previewing 3 of 23 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canada DRY Bottling Co. OF Fla., Inc. v. White, 153 Fla. 70 (Fla. 1943)