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RALPH v. CITY OF DAYTONA BEACH

No. 62094.

471 So.2d 1 (1983)

Orla RALPH, Petitioner, v. CITY OF DAYTONA BEACH, a Municipal Corporation, and Cheryl Ann Fetsko, Respondents.

Supreme Court of Florida.

Rehearing Denied June 27, 1985.

Attorney(s) appearing for the Case

Paul Bernardini of LaRue and Bernardini, Daytona Beach, and Cynthia S. Tunnicliff of Carlton, Fields, Ward, Emmanuel, Smith, and Cutler, Tallahassee, for petitioner.

Alfred A. Green, Jr., Frank B. Gummey, III, Robert G. Brown and Reginald E. Moore, Daytona Beach, for respondent.

Alan E. DeSerio, Appellate Atty. and John H. Beck, Gen. Counsel, Tallahassee, for Dept. of Transp., amicus curiae.

EHRLICH, Justice.

The limited issue in this case is whether a complaint that alleges that the City of Daytona Beach allowed a known hazardous condition to exist on the beach without warning the public invited to use the beach for recreational purposes of that known hazardous condition, states a cause of action able to withstand a motion to dismiss. We hold that it does.

The petitioner sued the City of Daytona Beach and Cheryl Fetsko for injuries she sustained...

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