Tieder v. Little
502 So. 2d 923 · District Court of Appeal of Florida · 1987
Facts
Sheila M. Tieder and Richard J. Tieder, administrators of the estate of Trudi Beth Tieder, brought a wrongful death action against Robert M. Little, the architect who designed the allegedly defective brick wall, and the University of Miami, which caused the brick wall to be erected and maintained. Trudi Beth Tieder was struck by an automobile and killed when a negligently designed and constructed brick wall collapsed on her as she walked out of a dormitory on the University of Miami campus.
Issue
Was the defendants' alleged negligence in designing and constructing the brick wall a proximate cause of the death of the plaintiffs' decedent?
Holding
The trial court erred in dismissing the complaint against Little and in entering a final summary judgment in favor of the University of Miami because the complaint sufficiently alleges the proximate cause element as to Little, and the record raises genuine issues of material fact with reference to the same element as to the University of Miami.
Rule
To maintain a cause of action sounding in negligence, the plaintiff must plead and prove: (1) The existence of a duty recognized by law requiring the defendant to conform to a certain standard of conduct for the protection of others including the plaintiff; (2) A failure on the part of the defendant to perform that duty; and (3) An injury or damage to the plaintiff proximately caused by such failure.
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