Miami-Dade County v. Herndon

District Court of Appeal of Florida

Miami-Dade County v. Herndon

776 So. 2d 360, 2001 Fla. App. LEXIS 834, 2001 WL 76702

CourtDistrict Court of Appeal of Florida

DecidedJanuary 31, 2001

DocketNo. 3D00-208

StatusPublished

Cited by2 cases

This text of 776 So. 2d 360 (Miami-Dade County v. Herndon) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Miami-Dade County v. Herndon, 776 So. 2d 360, 2001 Fla. App. LEXIS 834, 2001 WL 76702 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

Miami-Dade County appeals from a judgment entered pursuant to a verdict in a personal injury case. For the reasons that follow, we reverse.

At no point during this litigation did the plaintiff plead or prove actual or constructive knowledge on the part of the County so as to impose liability on the County for the trip and fall. Because of the utter absence of such evidence, the verdict and judgment cannot stand. See Grier v. Metropolitan Dade County, 660 So.2d 273, 275 (Fla. 3d DCA 1995) (“In order to establish a prima facie claim for negligence, a plaintiff must show that defendant had either actual or constructive notice of the alleged negligent condition.”). Accordingly, the trial court erred in denying the County’s motion to dismiss for failure to state a claim, and then again erred in denying the County’s Motion for a Directed Verdict.

Reversed and remanded with directions to enter judgment for the County.

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PER CURIAM.

Miami-Dade County appeals from a judgment entered pursuant to a verdict in a personal injury case. For the reasons that follow, we reverse.

At no point during this litigation did the plaintiff plead or prove actual or constructive knowledge on the part of the County so as to impose liability on the County for the trip and fall. Because of the utter absence of such evidence, the verdict and judgment cannot stand. See Grier v. Metropolitan Dade County, 660 So.2d 273, 275 (Fla. 3d DCA 1995) (“In order to establish a prima facie claim for negligence, a plaintiff must show that defendant had either actual or constructive notice of the alleged negligent condition.”). Accordingly, the trial court erred in denying the County’s motion to dismiss for failure to state a claim, and then again erred in denying the County’s Motion for a Directed Verdict.

Reversed and remanded with directions to enter judgment for the County.

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Bluebook (online)

776 So. 2d 360, 2001 Fla. App. LEXIS 834, 2001 WL 76702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miami-dade-county-v-herndon-fladistctapp-2001.

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