Tweedale v. City of St. Petersburg, 2069

CourtCourt of Appeal of Florida (US)
Writing for the CourtKANNER; ALLEN, C. J., and SHANNON
Citation125 So.2d 920
PartiesCharles W. TWEEDALE, Appellant, v. CITY OF ST. PETERSBURG, Florida, a Municipal Corporation, Appellee.
Docket NumberNo. 2069,2069
Decision Date20 January 1961

Page 920

125 So.2d 920
Charles W. TWEEDALE, Appellant,
CITY OF ST. PETERSBURG, Florida, a Municipal Corporation, Appellee.
No. 2069.
District Court of Appeal of Florida, Second District.
Jan. 20, 1961.

Silas E. Daniel, Jr., St. Petersburg, for appellant.

Fowler, White, Gillen, Humkey & Trenam, Tampa, for appellee.

KANNER, Judge.

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

Page 921

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...

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4 cases
  • City of Coral Gables v. Giblin, 59-643
    • United States
    • Court of Appeal of Florida (US)
    • 13 March 1961
    ...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 the determination of liabi......
  • Johnson v. Tucson Estates, Inc., 2
    • United States
    • Court of Appeals of Arizona
    • 14 June 1984
    ...(App.1977). Likewise, the two Florida decisions cited, Andrew v. Narber, 59 So.2d 869 (Fla.1952) and Tweedale v. City of St. Petersburg, 125 So.2d 920 (Fla.App.1961), do not discuss this legal Turning next to the contention that the evidence of the prior accidents was inadmissible, we disag......
  • Sandford v. Firestone Tire & Rubber Co., 2498
    • United States
    • Court of Appeal of Florida (US)
    • 6 April 1962
    ...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, Page 919 59 So.2d 869. In the first case plaintiff Tweedal......
  • Wong v. City of Miami, 39295
    • United States
    • United States State Supreme Court of Florida
    • 17 June 1970
    ...of Cocoa Beach, 96 So.2d 130 (Fla. 1957), Shealor v. Ruud, 221 So.2d 765 (4th D.C.A. Fla. 1969), and Tweedale v. City of St. Petersburg, 125 So.2d 920 (2nd D.C.A. Fla. 1961). The District Court Judge dissenting below agreed with this line of reasoning and said, 229 So.2d at 'I am not in dis......

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