Rabinowitz v. Town of Bay Harbor Islands
| Decision Date | 20 October 1964 |
| Docket Number | Nos. 64-214,64-345,s. 64-214 |
| Citation | 168 So.2d 583 |
| Parties | William RABINOWITZ and Jean Rabinowitz, his wife, and William Rabinowitz, Jr., by his father and next friend, William Rabinowitz, Appellants, v. TOWN OF BAY HARROR ISLANDS, a municipal corporation, Appellee. Joseph INDZELL and Frances Indzell, Appellants, v. TOWN OF BAY HARBOR ISLANDS, a municipal corporation, Appellee. |
| Court | Florida District Court of Appeals |
Jonas, Riddle & Leff, Miami Beach, for Rabinowitz; Frates, Fay & Floyd and Larry S. Stewart, Miami, for Indzell, Appellants.
Broad & Cassel and Lewis Horwitz, Miami, Beach, and L. J. Cushman, Miami, for appellee.
Before BARKDULL, C. J., and CARROLL and TILLMAN PEARSON, JJ.
The appellants in these consolidated appeals were plaintiffs in the circuit court in separate actions for damages against the Town of Bay Harbor Islands resulting from an automobile accident. William Rabinowitz was the driver and William Rabinowitz, Jr. and the Indzells were passengers in an automobile which struck a portion of a drawbridge of the town. While the drawbridge was raised the Rabinowitz car was first in line to cross when the bridge was lowered, and so proceeded when the guard rail was raised and motorists were signaled to cross. However, one side of the bridge did not completely lower and the raised edge was struck by the automobile.
Although the bridge was owned and operated by the town, plaintiffs chose to rely on a statement made by an investigator for the town's insurance carrier that the bridge was owned by a private corporation, and plaintiffs proceeded to negotiate their claims with insurer's attorneys as being against such corporation. This went on for several months after which, on learning that the town was the bridge owner, plaintiffs attempted to given written notice to the town as required by the charter, which was then too late.
Section 78 of the town's charter provided for notice of such claims, as follows:
In actions subsequently filed against the town summary judgment for defendant was granted in each of the two cases, on the ground that the notice requirement had not been complied with, and the correctness of that ruling of the trial court is presented for consideration on these...
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Rabinowitz v. Town of Bay Harbor Islands
...allegedly conflicts with prior decisions of this Court and another District Court on the same point of law. Rabinowitz, et al. v. Town of Bay Harbor Islands, 168 So.2d 583. We must decide whether the respondent municipality, by action of its agents, is estopped to assert as a defense, the f......
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City of Jacksonville v. Hinson
...cited by the respective parties in their briefs, including Brooks v. City of Miami, Fla. (App.), 161 So.2d 675; Rabinowitz v. Town of Bay Harbor Islands, Fla., 168 So.2d 583, and Rabinowitz v. Town of Bay Harbor Islands, Fla., 178 So.2d 'In the latter case, the Supreme Court of Florida, spe......
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Frewer v. City of Miami Beach
...7 of Ch. 27738 of the Special Acts of 1951]. We affirmed the action of the trial judge upon the authority of Rabinowitz v. Town of Bay Harbor Islands, Fla.App.1964, 168 So.2d 583. Subsequent to the rendition of our original opinion of affirmance in this matter, the Supreme Court of Florida ......
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Frewer v. City of Miami Beach
...for appellee. Before BARKDULL, C. J., and HORTON and HENDRY, JJ. PER CURIAM. Affirmed on the authority of Rabinowitz v. Town of Bay Harbor Islands, Fla.App.,App.1964, 168 So.2d 583 (opinion filed October 20, ...