Martinez v. Florida Power & Light Company

Summary

The Supreme Court of Florida quashed the district court’s decision affirming judgment on the pleadings for Florida Power & Light Company in a negligence action arising from an inoperative streetlight and a child’s death. The court remanded for proceedings consistent with Clay Electric, including consideration of whether the utility assumed a specific legally recognized duty to maintain the streetlight with due care.

Holdings

1. The Supreme Court of Florida quashed the district court's decision and remanded for proceedings consistent with Clay Electric, which recognized that a utility may assume a specific, legally recognized duty to act with due care in maintaining streetlights.
2. On remand, review is de novo, and the court must treat all well-pleaded material allegations and fair inferences from the complaint as true and determine whether the complaint states a cause of action.

Questions Presented

1. Whether the circuit court properly granted Florida Power & Light Company's motion for judgment on the pleadings in the negligence action.
2. Whether the district court's affirmance should be quashed in light of the Supreme Court of Florida's contemporaneous decision in Clay Electric Cooperative, Inc. v. Johnson concerning a utility's potentially assumed duty to maintain streetlights.
3. What standard governs review of the judgment on the pleadings on remand.

Disposition

quashed