Short v. Lakeside Cmty. Church, 700 So. 2d 772 (Fla. 2d DCA 1997). · Go Syfert
Short v. Lakeside Cmty. Church, 700 So. 2d 772 (Fla. 2d DCA 1997). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: Metsker v. Carefree/Scott Fetzer Co. (fladistctapp, 2012-06-27)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see" Metsker v. Carefree/Scott Fetzer Co.
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See Short v. Lakeside Cmty. Church, 700 So.2d 772, 773 (Fla. 2d DCA 1997); Johnson v. Howard Mark Prods., Inc., 608 So.2d 937, 938 (Fla. 2d DCA 1992).
Retrieving the full opinion text from the archive…
Kim SHORT, Individually and as Parent and Natural Guardian of Dawn Short, a minor
v.
LAKESIDE COMMUNITY CHURCH
No. 96-04760.
District Court of Appeal of Florida, Second District.
Oct 15, 1997.
700 So. 2d 772
Sylvia H. Walbolt and Susan L. Landy of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., St. Petersburg, and Wolfgang M. Florin and Christopher D. Gray of Florin, Roebig & Walker, P.A., Clearwater, for Appellant., Patricia Kelly of Harris, Barrett, Mann & Dew, St. Petersburg, for Appellee.
Fulmer, Patterson, Schoonover.
Cited by 1 opinion  |  Published
PATTERSON, Judge.

Kim Short appeals from the order which dismisses with prejudice counts III and IV of her complaint for damages arising out of an injury to her daughter, Dawn. We affirm the trial court’s dismissal, but remand to allow Short to amend her complaint.

The appellee, Lakeside Community Church (Lakeside), operates a private school in the City of Clearwater. The school property abuts Sunset Point Road. On September 24, 1993, as Dawn, a student at Lakeside, was crossing Sunset Point Road to the school property, she was struck by a motor vehicle.

Short brought a four-count negligence action against the City and Lake side. Counts I and II assert that the City was negligent in not providing a school cross ing zone as authorized by section 316.1895, Florida Statutes (1993). These counts remain pending in the trial court and are not a subject of this appeal. In counts III and IV, Short attempted to state a cause of action against Lakeside for not maintaining its property in a reasonable and safe manner so as to prevent accidents such as Dawn’s. These counts were dismissed for failing to state a cause of action. Short filed an amended complaint that contained some minor changes, but did not add any ultimate facts directed to the legal conclusion that Lakeside had breached a duty owed to Dawn. This amended complaint was dismissed with prejudice for failing to state a cause of action. In so doing, the trial court stated, “It does not appear that the Plaintiff can state any set of facts to show that the Defendant caused the injury suffered by Dawn Short.”

Although it is not the general rule, there are occasions when a landowner may be liable for a dangerous condition that results in injury off his property. See Johnson v. Howard Mark Prods., Inc., 608 So.2d 937 (Fla. 2d DCA 1992). As we said in Johnson:

[T]he general standard of care which the common law places on all landowners to protect invitees under a wide spectrum of circumstances can authorize a case-specific standard of care requiring protection of invitees on nearby property if the landowner’s foreseeable zone of risk extends beyond the boundaries of its property.

Id. at 938. In seeking to avail oneself of such a case-specific standard, a party must plead sufficient ultimate facts to demonstrate the foreseeable zone of danger, the duty of the landowner, and the breach of that duty. Because Short’s complaint fails as to each of these requirements, we affirm the dismissal for failing to state a cause of action.

In asking for additional leave to amend, Short’s counsel advised the trial court, “We consulted with a ’safety expert in Tallahassee and he will provide the specifics as to what the actual failure was on the part of Lakeside Community Church.” Based on this representation, leave to amend should have been granted. Therefore, we reverse the dismissal with prejudice and remand to the trial court to permit Short leave to file a second amended complaint.

Affirmed in part; reversed in part.

SCHOONOVER, A.C.J., and FULMER, J., concur..