Milanese v. City of Boca Raton

I respectfully dissent. I would reverse the final judgment of dismissal and allow the case to proceed. The gravamen of the estate’s claim is that the police placed Milanese in a zone of risk by taking him into custody and then releasing him in a manner which created an unreasonable and foreseeable risk of harm considering Milanese’s physical condition (“impaired, drunk and inebriated”), the time of day (the dark hours of early morning), and the location of his release (near active railroad tracks). Thus, the estate claims that a duty of care arose under Florida tort law. A duty of care is “a…