City of Miami v. Brooks

CourtUnited States State Supreme Court of Florida
Writing for the CourtSPOTO; ROBERTS
Citation70 So.2d 306
PartiesCITY OF MIAMI v. BROOKS.
Decision Date22 January 1954

Page 306

70 So.2d 306
CITY OF MIAMI

v.
BROOKS.
Supreme Court of Florida, Special Division B.
Jan. 22, 1954.

Page 307

Walton, Hubbard, Schroeder, Lantaff & Atkins and Thomas N. Balikes, Miami, for appellant.

Hunter & Paoli, Hollywood, for appellee.

SPOTO, Associate Justice.

The plaintiff-appellee here brought suit for personal injury against the City of Miami, a municipal corporation, referred to as the defendant, charging in substance that on April 22, 1944, while a paying patient at the Jackson Memorial Hospital, which was being operated by the City of Miami, a municipal corporation, in a proprietary capacity, she received an overdose of x-ray therapy treatment for the removal of plantar warts from her left heel, which caused her subsequent injury and for which she seeks damages. It was alleged that the cause of her injury was the carelessness and negligence of the defendant's employees, or agents, in administering a sufficient amount of x-ray treatment, thereby causing her left heel to be burned, and that it was in the middle of August, 1949, when the plaintiff was advised and first became aware that her heel had been injured by the x-ray therapy treatment received in April, 1944; that previously there had been no indication that the plaintiff's left heel had been burned by the x-ray treatment, but gave every appearance of being healthy and in good condition; that it was about the middle of May, 1949, when a sore began to develop on the plaintiff's heel, which slowly turned into an ulcer, and that the plaintiff, on September 2, 1949, gave notice to the city, through her attorneys, of her claim. This suit was filed in the circuit court on May 11, 1950. That the x-ray treatment was the cause of injury was admitted by the defendant, the defenses being, first, that the plaintiff's claim was barred by the statutes of limitations; second, that she failed to serve upon the City of Miami written notice of her claim within sixty days after receiving the injury alleged, as required by the city charter; and third, that the plaintiff's injury was not due to the carelessness or neglect of any of its employees or agents.

The jury, under the instructions of the Court, found adversely to the defendant on the defense that the physicians and attendants were not acting on behalf of the hospital, and we see no reason to disturb this finding as it finds ample support in the record. At the conclusion of the plaintiff's case and at the close of all the testimony, the defendant moved for a directed

Page 308

verdict on the grounds that the action was barred by the statutes of limitations, F.S. 95.11 and 95.24, F.S.A., and that the plaintiff had failed to comply with the requirement of the city charter providing for notice to be given to the city within sixty days after receiving the injury. This motion was denied by the Court on the authority of Doyle v. City of Coral Gables, 159 Fla. 802, 33 So.2d 41. There the Court held:

'Passenger who was allegedly injured because of negligent operation of city's bus, had right to ground her action for...

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117 practice notes
  • Allapattah Services, Inc. v. Exxon Corp., No. 91-0986-CIV.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • August 7, 2001
    ...of legal rights." Id. This Court adopted the doctrine into Florida law as the "delayed discovery" doctrine. City of Miami v. Brooks, 70 So.2d 306, 309 (Fla.1954). See Kush v. Lloyd, 616 So.2d 415, 418 (Fla.1992); Creviston v. General Motors Corp., 225 So.2d 331, 334 (Fla.1969) (explaining t......
  • Morgan v. Grace Hospital, Inc., No. 12386
    • United States
    • Supreme Court of West Virginia
    • June 29, 1965
    ...v. Shultz et al., 42 Cal.2d 767, 270 P.2d 1; Wohlgemuth v. Meyer, 139 Cal.App.2d 326, 293 P.2d 816; City of Miami v. Brooks, Fla., 70 So.2d 306; Perrin v. Rodriquez et al., (La.App.) 153 So. 555, Davis et al. v. Bonebrake, 135 Colo. 506, 313 P.2d 982; Burton v. Tribble, 189 Ark. 58, 70 S.W.......
  • Wyler v. Tripi, No. 69-611
    • United States
    • United States State Supreme Court of Ohio
    • February 24, 1971
    ...507; Frohs v. Greene (1969), 253 Or. 1, 452 P.2d 564; Wilkinson v. Harrington (R.I. 1968), 243 A.2d 745; Miami v. Brooks (Fla. 1954), 70 So.2d 306; Acker v. Sorensen (1969), 183 Neb. 866, 165 N.W.2d It is apparent that, although the termination of treatment rule modifies to some extent the ......
  • Flanagan v. Mount Eden General Hospital
    • United States
    • New York Court of Appeals
    • April 17, 1969
    ...v. Grace Hosp., 149 W.Va. 783, 144 S.E.2d 156, Supra (sponge). 2 Stafford v. Schultz, 42 Cal.2d 767, 270 P.2d 1; City of Miami v. Brooks, 70 So.2d 306 (Fla.); Yoshizaki v. Hilo Hosp., 433 P.2d 220 (Hawaii); Springer v. Aetna Cas. & Sur. Co., 169 So.2d 171 (La.App.); Waldman v.Rohrbaugh, 241......
  • Request a trial to view additional results
117 cases
  • Allapattah Services, Inc. v. Exxon Corp., No. 91-0986-CIV.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • August 7, 2001
    ...of legal rights." Id. This Court adopted the doctrine into Florida law as the "delayed discovery" doctrine. City of Miami v. Brooks, 70 So.2d 306, 309 (Fla.1954). See Kush v. Lloyd, 616 So.2d 415, 418 (Fla.1992); Creviston v. General Motors Corp., 225 So.2d 331, 334 (Fla.1969) (explaining t......
  • Morgan v. Grace Hospital, Inc., No. 12386
    • United States
    • Supreme Court of West Virginia
    • June 29, 1965
    ...v. Shultz et al., 42 Cal.2d 767, 270 P.2d 1; Wohlgemuth v. Meyer, 139 Cal.App.2d 326, 293 P.2d 816; City of Miami v. Brooks, Fla., 70 So.2d 306; Perrin v. Rodriquez et al., (La.App.) 153 So. 555, Davis et al. v. Bonebrake, 135 Colo. 506, 313 P.2d 982; Burton v. Tribble, 189 Ark. 58, 70 S.W.......
  • Wyler v. Tripi, No. 69-611
    • United States
    • United States State Supreme Court of Ohio
    • February 24, 1971
    ...507; Frohs v. Greene (1969), 253 Or. 1, 452 P.2d 564; Wilkinson v. Harrington (R.I. 1968), 243 A.2d 745; Miami v. Brooks (Fla. 1954), 70 So.2d 306; Acker v. Sorensen (1969), 183 Neb. 866, 165 N.W.2d It is apparent that, although the termination of treatment rule modifies to some extent the ......
  • Flanagan v. Mount Eden General Hospital
    • United States
    • New York Court of Appeals
    • April 17, 1969
    ...v. Grace Hosp., 149 W.Va. 783, 144 S.E.2d 156, Supra (sponge). 2 Stafford v. Schultz, 42 Cal.2d 767, 270 P.2d 1; City of Miami v. Brooks, 70 So.2d 306 (Fla.); Yoshizaki v. Hilo Hosp., 433 P.2d 220 (Hawaii); Springer v. Aetna Cas. & Sur. Co., 169 So.2d 171 (La.App.); Waldman v.Rohrbaugh, 241......
  • Request a trial to view additional results

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