Hillman v. Greater Miami Hebrew Academy
| Decision Date | 11 May 1954 |
| Citation | 72 So.2d 668 |
| Parties | HILLMAN v. GERATER MIAMI HEBREW ACADEMY (two cases). |
| Court | Florida Supreme Court |
Weinkle & Kessler, Miami, for appellants.
Dixon, DeJarnette & Bradford, and James A. Dixon, Jr., Miami, for appellee.
These suits were brought by appellants against appellee to recover damages for personal injuries to Freddie Hillman incident to falling from a monkey bar constructed on the playground of appellee. The amended complaints were dismissed, rehearing was denied and final judgment was entered for appellee. The plaintiffs have appealed.
The only question presented is whether or not the amended complaints state a cause of action based on negligence.
It is admitted that the monkey bar is an approved item of school or playground equipment often used for recreational purposes. It is contended by appellant that the monkey bar in question was negligently maintained in that it was constructed in a way that it extended over the trunk of a coconut palm tree and that appellee failed to keep it supervised by one competent to look after children of tender age playing near and prevent them falling from it. It is not alleged that it was defectively constructed or that it was an improper and dangerous piece of playground equipment. Marques v. Riverside Military Academy, 87 Ga. App. 370, 73 S.E.2d 574; Bagdad Land & Lumber Co. v. Boyette, 104 Fla. 699, 140 So. 798; Burdine's, Inc., v. McConnell, 146 Fla. 512, 1 So.2d 462 and other cases are relied on to support this contention.
These cases are clearly distinguishable from the case at bar. In the main, the court's reasoning in adjudicating them was bottomed on the premise that the equipment was infected with some latent defect, that it was inherently dangerous or not such as minors would appreciate the danger involved in its use, or that those in whom supervision was imposed failed to warn the minor.
The vice of the complaint in question consisted in the fact that it sought to make appellee an insurer of the safety of minor children who used its playground equipment while the law contemplates that it furnish them a reasonably safe place to play commensurate with their knowledge and impulses. There is no allegation in the amended complaint that the monkey bar contained latent defects, that it was negligently constructed or operated or that there was any present danger that one of tender years would not readily comprehend. It was approved standard playground...
To continue reading
Request your trial
-
Panoz v. Gulf & Bay Corp. of Sarasota
...the 3rd District Court said in the two 'monkey bar' cases, Elmore v. Sones, Fla.App., 1962, 140 So.2d 59, and Hillman v. Greater Miami Hebrew Academy, Fla., 1954 72 So.2d 668, respectively, 'no amount of superintendence would have prevented the Singularly enough, we have found only two repo......
-
Alegre v. Shurkey
...in Hunt, and moreover, we further conclude that a determination of this question in Florida is controlled by Hillman v. Greater Miami Hebrew Academy, 72 So.2d 668 (Fla.1954). In Hillman, the injured child was playing on monkey bars constructed on the playground of a private school. The plai......
-
Williams v. Humphrey, 82-945
...and Roland Gomez, North Miami, for appellees. Before HENDRY, HUBBART and NESBITT, JJ. PER CURIAM. Affirmed. Hillman v. Greater Miami Hebrew Academy, 72 So.2d 668 (Fla.1954); Cassel v. Price, 396 So.2d 258 (Fla. 1st DCA), pet. for rev. den., 407 So.2d 1102 (Fla.1981); Benton v. School Board ......
-
Ruiz v. Westbrooke Lake Homes, Inc., 88-3065
...bar, Dennis fell to the ground whereby he suffered a fractured clavicle and punctured eardrum. The case of Hillman v. Greater Miami Hebrew Academy, 72 So.2d 668 (Fla.1954) involves an injury while playing on a monkey bar. This case stands for the proposition that owners of playground equipm......