Ysbeck v. City of Miami Beach

This is an appeal from a final summary judgment in favor of the City of Miami Beach. Yvon Ysbeck, the mother of a deceased minor, filed an action for negligence against the city based upon the drowning of eleven-year-old Ralph Ysbeck at the 41st Street beach. The trial court granted summary judgment in favor of the city on the stated basis that all the acts of negligence alleged by the Ysbecks were planning level decisions to which sovereign immunity attached. Subsequent to the trial court’s order, but prior to this appeal, our supreme court decided Avallone v. Board of Comm’rs of Citrus…