DOWNTOWN DEVELOPMENT AUTHORITY, APPELLANT,
v.
PAULINE SNEDIKER, APPELLEE
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Downtown Development Authority appeals a jury verdict for $20,000 in a personal injury case where appellee tripped and fell on a allegedly negligently maintained sidewalk. The appellate court reversed, holding that appellee failed to prove the defendant had a duty to maintain the sidewalk, an essential element of negligence.
The statute of limitations in Section 95.24 does not apply to the Downtown Development Authority because the statute applies only to cities or villages, and the authority is a separate autonomous body from the City of Miami. The appellee failed to prove negligence because she did not establish that the Downtown Development Authority had a duty to maintain the sidewalk, an essential element of a negligence cause of action.
[1] A statute of limitations applicable only to cities or villages does not apply to an autonomous development authority, even if it has a close functional relationship with…
[2] A plaintiff must prove a defendant owed a duty of care to establish a cause of action for negligence.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the record in this case clearly shows that appellant Downtown Development Authority is an autonomous body separate and distinct from the City of Miami through which it claims status under Section 95.24”
Establishes that the Downtown Development Authority is not a "city" or "village" for purposes of the statute of limitations statute
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Join FLexlaw to unlock all legal intelligencePauline Snediker sued the Downtown Development Authority and others, alleging she tripped and fell on a negligently maintained sidewalk near 127 West …
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KEHOE, Judge.
Appellant, Downtown Development Authority, one of the defendants below, brings this appeal from a final judgment dated July 1, 1976, rendered against it for money damages in favor of appellee, the plaintiff below. Appellant’s two primary points on appeal are (1) that the action was barred by the statute of limitations, and (2) that ap- pellee failed to prove negligence on the part of appellant. Predicated upon our conclusion that appellant’s second point is correct, although its first point is without merit, the final judgment appealed is reversed.
Appellee brought an action against appellant and others alleging, among other things, that appellant negligently and improperly maintained a sidewalk area near 127 West Flagler Street, Dade County, Florida, so as to cause appellee to trip and fall, resulting in personal injuries to her. The cause proceeded to a jury trial against appellant and one other defendant. The jury returned a verdict against appellant for $20,000 and a verdict in favor of the other defendant. From the ensuing final judgment entered by the trial court incorporating the verdict, appellant brings this appeal.
Appellant contends (1) that the 12 month statute of limitations on actions for personal injuries against cities set forth in Section 95.24, Florida Statutes (1973), barred appel-lee’s action, and (2) that the trial court erred in entering a final judgment in favor of appellee because appellee failed to prove negligence on the part of appellant.
In regard to appellant’s first point on appeal, we are of the opinion that appel-lee’s action against appellant was not barred by Section 95.24, Florida Statutes (1973). That Section, by its terms, is applicable only to cities or villages. The record in this case clearly shows that appellant Downtown Development Authority is an autonomous body separate and distinct from the City of Miami through which it claims status under Section 95.24. Although appellant’s functional relationship to the City of Miami is a close one, this relationship does not confer the status of a “city” or “village,” as those terms are used in Section 95.24, on appellant. Accordingly, the period of limitation set forth in Section 95.24 is not applicable to appellant and this point on appeal is without merit.
In regard to appellant’s second point on appeal, we are of the opinion that appel-lee failed to show appellant had any duty to maintain or repair the sidewalk area which allegedly caused appellee’s injuries. In the absence of the proof of such a duty, an essential element of a cause of action for negligence, appellee’s cause of action against appellant must fail. See, e. g., Modlin v. City of Miami Beach, 201 So. 2d 70 (Fla.1967); and Yaeger v. Tolin, 277 So. 2d 61 (Fla. 3d DCA 1973). The record shows, as appellant contends, that the evidence was insufficient to show the requisite element of a duty on the part of appellant to appellee. This conclusion is reached only after a careful consideration of all the evidence in its most favorable aspect to appellee. See, e. g., Manufacturers Nat. Bank v. Canmont Internat’l, Inc., 322 So. 2d 565 (Fla. 3d DCA 1975); Madden v. Gorum, 250 So. 2d 342 (Fla. 1st DCA 1971); and Food Fair Stores of Florida, Inc. v. Sommer, 111 So. 2d 743 (Fla. 3d DCA 1959).
For the reasons set forth above, the final money judgment appealed is reversed.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Modlin v. The City OF Miami Beach, 201 So. 2d 70 (Fla. 1967)
- Food Fair Stores OF Fla., Inc. v. Sommer, 111 So. 2d 743 (Fla. 3d DCA 1959)
- Mfrs. Nat'l Bank OF Hialeah v. Canmont Int'l, Inc., 322 So. 2d 565 (Fla. 3d DCA 1975)
- Deauville Realty Co., Inc. v. Tobin, 111 So. 2d 743 (Fla. 3d DCA 1959)
- Forrest Yaeger v. Tolin, 277 So. 2d 61 (Fla. 3d DCA 1973)
- Madden v. Gorum, 250 So. 2d 342 (Fla. 1st DCA 1971)