Summary
In McDaniel v. Mendez, 198 So.2d 75 (Fla. 3rd DCA 1967), where a child fell from a couch striking her head on a concrete floor, the court held that the couch was not "inherently dangerous nor a trap," nor was it maintained in such a manner as to create a dangerous condition, and did not constitute an attractive nuisance.
Summary of this case from Cassel v. PriceOpinion
No. 66-608.
April 18, 1967.
Appeal from the Circuit Court, Dade County, Harvey S. DuVal, J.
Norman Miller, Miami, and Marvin L. Lessne, Fort Lauderdale, for appellant.
Louis H. Stallman, Miami Beach, for appellee.
Before PEARSON, BARKDULL and SWANN, JJ.
Appellant seeks review of a final order of the trial court, dismissing with prejudice her complaint seeking damages in a tort action.
The deceased daughter of the appellant was playing with the appellee's daughter on a couch, located on the concrete [or terrazzo] floor of the carport of appellee's residence. While engaged in such play, the deceased fell from the couch striking her head on the hard surface of the floor. As a result of the injuries, the child died. The appellant brought the instant action seeking damages, alleging negligence on the part of the appellee and/or the creation of an attractive nuisance by the appellee. The appellee moved to dismiss the complaint and the court entered the order appealed, dismissing the complaint with prejudice after opportunity for amendment was declined. We affirm.
The deceased was a licensee on the defendant's premises. See: Goldberg v. Straus, Fla. 1950, 45 So.2d 883; Lowery v. Rosenberg, Fla.App. 1962, 147 So.2d 321. The couch was not inherently dangerous nor a trap, nor was it maintained in such manner so as to create a dangerous condition, and did not constitute an attractive nuisance. See: Miller v. Guernsey Construction Company, Fla.App. 1959, 112 So.2d 55; Edwards v. Maule Industries, Inc., Fla. App. 1962, 147 So.2d 5; 23 Fla.Jur., Negligence, § 63.
Therefore, the final order here under review is hereby affirmed.
Affirmed.