Whitehall South Ass'n v. Radice Realty & Construction Corp.
Whitehall South Ass'n v. Radice Realty & Construction Corp.
Concurring Opinion
concurring specially:
The trial court dismissed a suit brought by condominium apartment owners against the City of Boca Raton and its building inspector.
The trial court dismissed the action on the authority of Modlin v. City of Miami Beach, 201 So.2d 70 (Fla. 1967). I think the trial court was correct. In Modlin the Supreme Court held that a municipality was not liable for the negligence of its building inspector, because the building inspector himself owed no duty to any particular person (other than his employer, perhaps); but rather owed a duty to the public generally, the breach of which would not give rise to a private action in tort.
. This action predates the enactment of Section 768.28, Florida Statutes (1975) regarding the waiver of sovereign immunity in tort actions.
Opinion of the Court
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.