677 So. 2d 1370

Beverly S. REESE, as Personal Representative of the Estate of James C. Reese, on behalf of the Estate of James C. Reese and on behalf of Beverly S. Reese, surviving wife of James C. Reese, Jamie L. Reese, surviving minor daughter of James C. Reese and Leandra J. Reese, surviving minor daughter of James C. Reese, Appellants, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, an agency and/or subdivision of the State of Florida, Appellee.

No. 95-3127.

District Court of Appeal of Florida, Fourth District.

Aug. 14, 1996.

See also 59 F.3d 1128.

Michael Viscomi, West Palm Beach, and Donald N. Watson of Gary, Williams, Paren-ti, Finney, Lewis & McManus, Stuart, for appellants.

Paul L. Nettleton of Popham, Haik, Schnobrich & Kaufman, Ltd., Miami, for ap-pellee.

PER CURIAM.

We affirm the summary final judgment in favor of appellee South Florida Water Management District, defendant below. The District does not own, possess or control the area in which the drowning accident occurred. The S-352 flood control structure *1371was designed and constructed by the United States Army Corps of Engineers, which has legal ownership and control of the site and which is responsible for all maintenance and physical oversight of the structure and the surrounding premises. The District was not legally responsible for the design or construction of the S352 flood control structure. The District’s adjustment of the flood control gate three days prior to the accident was done in accordance with the operational requirements and regulations of the Corps, under contractual authorization from the Corps. There is no evidence that the District performed any independent negligent act or violated any operational standard set by the Corps which would be sufficient to impose tort liability. See Westchester Exxon v. Valdes, 524 So.2d 452 (Fla. 3d DCA 1988).

AFFIRMED.

WARNER and GROSS, JJ., and HAUSER, JAMES C., Associate Judge, concur.

Reese v. South Florida Water Management District
677 So. 2d 1370

Case Details

Name
Reese v. South Florida Water Management District
Decision Date
Aug 14, 1996
Citations

677 So. 2d 1370

Jurisdiction
Florida

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