Opinion

Shauf v. City of Daytona Beach Shores

  • 13 Fla. L. Weekly 1426
  • 528 So. 2d 40
  • 1988 Fla. App. LEXIS 2536
  • 1988 WL 61874
Court
District Court of Appeal of Florida
Filed
Jun 16, 1988
Status
Published
Author
Cowart
On the bench
Cobb, Cowart, Dauksch
Cited by
0 cases
Authority
More cited than 26.5%

The opinion

COWART, Judge,

dissenting.

Faithfully tracking the basis for the decision in Ralph v. City of Daytona Beach, 471 So.2d 1 (Fla.1983), the complaint in this case alleged that the defendant city was negligent in failing to give adequate warning or notice that vehicular traffic on the beach was inadequately regulated and supervised.

The trial court granted summary judgment in favor of the city because it found that (1) the plaintiff, a pedestrian, knew of the danger resulting from the mixture of automobiles and pedestrians, and (2) the only way the city could have prevented the accident in question was to have prohibited automobiles from using the beach.

The trial court’s ruling is understandable because it was the rationale for this court’s opinion that the supreme court quashed in Ralph . Nevertheless, under Ralph , the city’s evidence relating to the plaintiff’s knowledge of the danger involved in vehicles and pedestrians using the same beach did not meet and conclusively negative the factual issue as to the city’s performance of its duty to warn pedestrians of the additional danger resulting from inadequate police supervision of the vehicular traffic on the beach; this is the specific duty of the city, which was the point in Ralph .

The summary judgment should be reversed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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