MIAMI (Legal Newsline) – A teenager who tried to commit suicide by jumping off the roof of a six-floor apartment building survived but can’t use his second chance at life to sue the property’s owner.
The Florida Third District Court of Appeal on Feb. 23 affirmed a lower court decision that said Kingsley Arms Apartments owed no duty to Julian Iacono, who was a trespasser in the building when he jumped.
The ruling affirms Miami-Dade County Circuit Court Judge Mark Blumstein’s decision to throw the case out. Iacono sued Kingsley Arms apartments in 2020.
“Even if, as it must be assumed, the alleged facts are all true, we find it is apparent that no iteration of the facts would support a cause of action by Iacono against Kingsley for premises liability or negligence per se,” Judge Monica Gordo wrote for the Third District.
Gordo, citing a 2011 decision, noted “There is no liability for the suicide of another (or for injuries sustained in a suicide attempt) in the absence of a specific duty of care.”
Iacono argued Kingsley owed a duty to all to restrict or eliminate access to its rooftop because jumping off buildings is a popular approach to suicide. By doing so, Kingsley Arms could help lower the overall suicide rate by discouraging those who would jump, he argued.
But his complaint made clear that he wasn’t alleging Kingsley Arms breached a specific duty to him to guard against his specific suicide attempt.
Judge Blumstein found Kingsley Arms owed no duty to undiscovered trespassers attempting to commit suicide. The Third District noted the only duty property owners owe to undiscovered trespassers is to “refrain from causing intentional harm.”
Iacono’s lawyers are Judd Rosen and Mustafa Dandashly of Goldberg & Rosen. Kingsley Arms was represented by Lissette Gonzalez of Cole, Scott & Kissane.