Gilbert v. Merritt

Barbara Gilbert appeals an order dismissing, with prejudice, her third amended complaint for failing to state a cause of action. “[T]he ruling on a motion to dismiss for failure to state a cause of action is subject to de novo standard of review.” See MEBA Med. & Benefits Plan v. Lago, 867 So.2d 1184 (Fla. 4th DCA 2004); Samuels v. King Motor Co. of Fort Lauderdale, 782 So.2d 489, 495 (Fla. 4th DCA 2001).

Gilbert alleged in her complaint that she was injured when a two-year-old child drove an “electric motorized passenger vehicle” into her leg while she was standing on the sidewalk. The child…