Lisk v. City of West Palm Beach, Florida

SEBRING, J.:

Flagler Park is a public park under the control and supervision of the City of West Palm Beach. The city maintains benches in the park for the use of the general public, some of these benches being located beneath cocoanut palm trees. While lawfully occupying one of these benches, the appellant was struck by a palm frond which broke off of and fell from a cocoanut palm tree under which she was sitting. The appellant brought suit against the City for the resulting injuries, charging as negligence that the City had failed to keep the park in a reasonably safe condition for people…