Beddow v. City of Cape Coral
Beddow v. City of Cape Coral
Opinion of the Court
The trial court dismissed appellant’s complaint against appellees with prejudice for failure to state a cause of action. The order of dismissal was predicated upon the Modlin doctrine, which precluded liability on the part of the state or any agency or subdivision thereof for breach of a duty owed to the citizens of the state in general and not to a particular person or persons. Modlin v. City of Miami Beach, 201 So.2d 70 (Fla. 1967). During the pendency of this appeal, our supreme court decided Commercial Carrier Corp. v. Indian River County, 371 So.2d 1010 (Fla. 1979), which held that the Modlin doctrine had been abrogated by the enactment of Section 768.28, Florida Statutes in 1973. Accordingly, we must reverse the order dismissing appellant’s complaint.
REVERSED and REMANDED for further proceedings consistent with this opinion.
Reference
- Full Case Name
- Camita BEDDOW, as Administratrix of the Estate of Judy Lynn Scroggins v. CITY OF CAPE CORAL, a Municipal Corporation, Aetna Casualty and Surety Company, John Patrick McNally, Margaret McNally, Randall Industries, Inc., a corporation, d/b/a Jack's Radio Cabs, William Arthur Adkins, Southeastern Fidelity Insurance Company and Lumbermen's Mutual Casualty Company, Appellees Richard FONTAINE, as Administrator of the Estate of Donald Joseph Fontaine v. CITY OF CAPE CORAL, a Municipal Corporation, Aetna Casualty and Surety Company, Appellees Kathy Jean DUVALL, a minor, by her father and next friend, William R. Duvall, and William R. Duvall and Judith Ann Duvall v. CITY OF CAPE CORAL, a Municipal Corporation, Aetna Casualty and Surety Company, Appellees John Thomas TKAC and Angela Tkac v. CITY OF CAPE CORAL, a Municipal Corporation, Aetna Casualty and Surety Company
- Cited By
- 1 case
- Status
- Published