Summary
asserting that in the absence of a violation of a statute, a landowner does not have a duty to "maintain his property in a condition so that a motorist approaching a public highway intersection can see other approaching motorists"
Summary of this case from Williams v. DavisOpinion
No. 81-1282.
May 18, 1982. Rehearing Denied June 22, 1982.
Appeal from the Circuit Court, Dade County, Arden M. Siegendorf, J.
Walton, Lantaff, Schroeder Carson and Anthony E. Ramos and George W. Chesrow, Miami, for appellant.
Magill, Reid, Kuvin Lewis and R. Fred Lewis, Fowler, White, Burnett, Hurley, Banick Strickroot and Greg M. Gaebe, Miami, for appellees.
Before SCHWARTZ, NESBITT and JORGENSON, JJ.
A motorist traveling upon the public highway is not within the class of persons sought to be protected by an ordinance regulating removal of trees and vegetation. See generally deJesus v. Seaboard Coast Line Railroad Company, 281 So.2d 198, 201 (Fla. 1973). In the absence of a violation of a statute, we adhere to the view that there is no common law duty on a landowner to maintain his property in a condition so that a motorist approaching a public highway intersection can see other approaching motorists. Evans v. Southern Holding Corp., 391 So.2d 231 (Fla. 3d DCA), pet. for review denied, 399 So.2d 1142 (Fla. 1981). Accord Pedigo v. Smith, 395 So.2d 615 (Fla. 5th DCA 1981).
Affirmed.