VIOLA MUSETTO AND CARMELO A. MUSETTO, APPELLANTS,
v.
CITY OF MIAMI BEACH, FLORIDA, A MUNICIPAL CORPORATION, APPELLEE
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The Florida Supreme Court affirmed a lower court's judgment, holding that a municipality is not liable for injuries sustained by individuals who step in depressions or stumble over water meter boxes located in grass plots or parkways intended for aesthetic purposes. The court reasoned that such areas are not meant for pedestrian traffic and individuals should avoid them.
No, a municipality is not liable for negligence in such circumstances. The court held that individuals who are injured in these areas are responsible for their own injuries, as these spaces are not intended for pedestrian use.
“All of these cases, like the case at bar, attempt to fasten negligence on the municipality for injury to persons stepping in depressions or stumbling over water meter boxes in grass plots or parkways that are provided and maintained to beautify the city and add to its aesthetic. quality.”
This quote establishes the common factual pattern across the cited cases and the present case, focusing on injuries from water meter boxes in aesthetic parkways.
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Join FLexlaw to unlock all legal intelligenceThe appellants, Viola and Carmelo Musetto, sustained injuries from stepping in depressions or stumbling over water meter boxes located in grass plots …
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TERRELL, Justice.
The record and the briefs in this case have been examined and we think the judgment appealed from should be affirmed on authority of City of Miami Beach v. Quinn, 149 Fla. 326, 5 So. 2d 593; Kitchen v. City of Jacksonville, 158 Fla. 621, 29 So. 2d 441; City of Fort Lauderdale v. Duchine, Fla.1954, 70 So. 2d 897; and Dramstadt v. City of West Palm Beach, Fla.1955, 81 So. 2d 484.
All of these cases, like the case at bar, attempt'to fasten negligence on the municipality for injury tó persons stepping in depressions or stumbling over water meter boxes in grass plots or parkways that are provided and maintained to beautify the city and add to its aesthetic. quality. Whether “Keep off the grass” warnings are up or not, their very nature may be a notice to pedestrians to avoid them and the cited cases admonish them to keep off. Might as well attempt to produce a grass plot or a parkway in a horse lot as in an area where, -pedestrians tramp wi.th impunity.
Affirmed.,
DREW, C. J., ROBERTS, J., and . ALLEN, Associate Justice, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Collom v. City OF ST. Petersburg, 400 So. 2d 507 (Fla. 2d DCA 1981)…rea in a safe condition, and thus the summary judgment was proper for that reason. Reliance is placed upon our cryptic affirmance in Runowich v. City of St. Petersburg, 276 So. 2d 83 (Fla.2d DCA 1973), which relied on Musetto v. City of Miami Beach, 82 So. 2d 595 (Fla.1955). The cited cases involved injuries sustained in tripping over meter boxes or falling into holes in grassy areas provided for beautification — areas in which no reasonable person would “tramp with impunity.” The facts of the present case…
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City OF Pensacola v. Stamm, 448 So. 2d 39 (Fla. 1st DCA 1984)…kway areas. City of Miami Beach v. Quinn, 149 Fla. 326, 5 So. 2d 593 (1942); Kitchen, et al. v. City of Jacksonville, 158 Fla. 621, 29 So. 2d 441 (1947); Dramstadt v. City of West Palm Beach, 81 So. 2d 484 (Fla.1955); Musetto v. City of Miami Beach, 82 So. 2d 595 (Fla.1955); Lisk v. City of West Palm Beach, 160 Fla. 632, 36 So. 2d 197 (1948); Kass v. City of Miami Beach, 436 So. 2d 1086 (Fla. 3d DCA 1983). All of these cases are distinguishable. None involve, as does this case, a grass area upon which the in…
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In re Est. OF Jacob Guze v. Guze, 109 So. 2d 170 (Fla. 3d DCA 1959)…the Circuit Court. See In re Rothman’s Estate, Fla.App.1958, 104 So. 2d 607. It has been generally recognized that the validity of deeds (In re Coleman’s Estate, Fla.App. 1958, 103 So. 2d 237) and trust agreements (Beke v. Molnar’s Estate, Fla.1955, 82 So. 2d 595) is tested in separate proceedings in the Circuit Court. Accordingly, the order appealed is reversed and the cause is remanded for proceedings not inconsistent herewith. Reversed and remanded. CARROLL, CHAS., C. J., and PEARSON, J., concur.…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rupp Hotel Operating Co. v. Donn, 158 Fla. 541 (Fla. 1947)
- City of Miami Beach v. Quinn, 5 So. 2d 593 (Fla. 1942)
- Hedwig Kitchen v. City OF Jacksonville, 158 Fla. 621 (Fla. 1947)
- Dramstadt v. City OF W. Palm Beach, 81 So. 2d 484 (Fla. 1955)
- City of Fort Lauderdale v. Duchine, 70 So. 2d 897 (Fla. 1954)