CITY OF MIAMI, APPELLANT,
v.
LEONARD L. GATES, FRANK K. PALMER, JAMES W. ROGERS, AND JAMES C. WILLIAMS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, APPELLEES

Fla. 3d DCA | 1977-11-22
No. 77-1499
Before PEARSON, HUBBART and KE-HOE, JJ.
352 So. 2d 542 Florida District Court of Appeal, Third District (1977) Caution
Cited by 68 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See City of Miami v. Carter, 105 So. 2d 5 (Fla.1958).


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Cited By (34 total)

  • Gooding v. Univ. Hosp. Bldg., Inc., 445 So. 2d 1015 (Fla. 1984)
    …oof that the negligence probably caused the plaintiff’s injury. See Tampa Electric Co. v. Jones, 138 Fla. 746, 190 So. 26 (1939); Greene v. Flewelling, 366 So. 2d 777 (Fla. 2d DCA 1978), cert. denied, 374 So. 2d 99 (Fla.1979); Bryant v. Jax Liquors, 352 So. 2d 542 (Fla. 1st DCA 1977), cert. denied, 365 So. 2d 710 (Fla.1978). Prosser explored this standard of proof as follows: On the issue of the fact of causation, as on other issues essential to his cause of action for negligence, the plaintiff, in general,…
  • Stahl v. Metro. Dade Cnty., 438 So. 2d 14 (Fla. 3d DCA 1983)
    …ed, 418 So. 2d 1278 (Fla.1982) (“but for”); Bryant v. School Board of Duval County, 399 So. 2d 417, 420 (Fla. 1st DCA 1981), aff’d in part, rev’d in part, sub. nom., Rupp v. Bryant, 417 So. 2d 658 (Fla.1982) (“without which”); Bryant v. Jax Liquors, 352 So. 2d 542 (Fla. 1st DCA 1977), cert. denied, 365 So. 2d 710 (Fla.1978) (“but for”); General Telephone Co. of Fia. v. Mahr, 153 So. 2d 13, 16-17 (Fla. 2d DCA 1963), cert. dismissed, 163 So. 2d 285 (Fla.1964) (“without which”); Smith v. City Products Corp., 147…
  • Migliore v. Crown Liquors OF Broward, Inc., 448 So. 2d 978 (Fla. 1984)
    …holding and rationale of the Second District in Prevatt. Providing alcoholic beverages to minors involves the obvious foreseeable risk of the minor’s intoxication and injury to himself or a third person. The First District in Bryant v. Jax Liquors, 352 So. 2d 542$Fla. 1st DCA 1977), cert. denied, 365 So. 2d 710 (Fla.1978), reiterated the principle announced by Prevatt that section 562.11 was passed to prevent the harm that can be caused by one of immaturity imbibing liquor. It acknowledged, however, that the…

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