Tweedale v. City of St. Petersburg, 2069
| Decision Date | 20 January 1961 |
| Docket Number | No. 2069,2069 |
| Citation | 125 So.2d 920 |
| Parties | Charles W. TWEEDALE, Appellant, v. CITY OF ST. PETERSBURG, Florida, a Municipal Corporation, Appellee. |
| Court | Florida District Court of Appeals |
Silas E. Daniel, Jr., St. Petersburg, for appellant.
Fowler, White, Gillen, Humkey & Trenam, Tampa, for appellee.
The City of St. Petersburg, which owns and operates a swimming pool as a public facility, requires that one take a shower before using the pool and furnishes a shower room for that purpose. The plaintiff, Tweedale, an invitee, complained that as he entered the shower room preparatory to using the pool, he slipped and fell on the floor and suffered injury as a result. Moving for summary judgment, the defendant municipality asserted that there existed no genuine issue of any material fact and that it was entitled to judgment as a matter of law. The trial judge granted the motion and rendered final judgment in favor of the defendant, finding that the plaintiff was guilty of contributory negligence.
In substance, the deposition of the plaintiff was that on August 18, 1958, he, intending to use the pool, paid his admission fee, put on his bathing suit, then proceeded to the shower room to take a shower, as required, before going in the pool. He stated that the shower room had a door with two swinging panels which obstructed his view of the shower room floor and that immediately as he entered the door, he slipped and fell, either on a piece of soap or soapy scum upon a slight incline of tne floor, two or three feet in length, sloping to the lower level of the shower room. He further asserted that, being sure-footed, he would not have fallen except for the soap and scum on the floor, which soap or scum he could have seen except for the obstruction provided by the swinging door panels and which soap or scum he could see afterwards when he looked at the floor. The accident occurred during daylight. The plaintiff's contention was that the slippery floor constituted a hidden danger due to the swinging doors at the entrance to the shower room and due to the lack of warning signs.
Ordinarily, determination of liability of municipal corporations for negligence in matters as to whicn liability may exist is made according to the legal rules regarding liability for negligence generally. Thus where a municipality, pursuant to its charter power, undertakes to render a service to the public, it is held to the same degree of care as is required of private persons and private corporations. Woodford v. City of St. Petersburg, Fla.1955, 84 So.2d 25; Ide v. City of St. Cloud, 1942, 150 Fla. 806, 8 So.2d 924; Pickett v. City of Jacksonville, 1945, 155 Fla. 439, 20 So.2d 484; and 23 Fla.Jur., Municipal Corporations, section 212, p. 209.
The trial judge specifically cited the case of Bowles v. Elkes Pontiac Company, Fla.1953, 63 So.2d 769, as authority for his ruling. In that case the circuit judge...
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City of Coral Gables v. Giblin, 59-643
...for the protection of the public should be liable in damages for every mistake of judgment by its officers.' In Tweedale v. City of St. Petersburg, Fla.App.1961, 125 So.2d 920, although dealing with an area in which cities have long been held liable for their torts, it was pointed out that ......
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...be affirmed; if not, the judgment must be reversed. The judgment under assault was based upon the rationale of Tweedale v. City of St. Petersburg, Fla.App.1961, 125 So.2d 920; Bowles v. Elkes Pontiac, Fla.1953, 63 So.2d 769; and Andrews v. Narber, Fla.1952, 59 So.2d 869. In the first case p......
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