March 1, 1999
Fla. Dept. of Natural Resources v. Juan A. Garcia, Jr.
Case Number(s):
93065
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Summary:

On Feb. 1, 1989, Juan Garcia, Jr., was rendered quadriplegic when he dove into the water near First Street & Ocean Drive in South Beach. He said his injuries arose when he struck debris left from the City of Miami Beach's demolition of the South Beach Pier. He sued several entities including the State of Florida, which owns all underwater land within its territorial limits. The trial court dismissed the suit on grounds that the State was not the party that had designated the area as a swimming beach. The Third District reversed, finding the state as owner of submerged lands could be sued for negligently maintaining beaches commonly used for swimming.