Richard Vaughan v. Usmi Properties Five, LLC
CourtDistrict Court of Appeal of Florida
Date FiledNovember 6, 2026
Docket6D2025-2288
StatusPublished
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Full Opinion
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2025-2288
Lower Tribunal No. 2022-CA-003712
_____________________________
RICHARD VAUGHAN,
Appellant,
v.
USMI PROPERTIES FIVE, LLC,
Appellee.
_____________________________
Appeal from the Circuit Court for Polk County.
Michael P. McDaniel, Judge.
November 6, 2026
MIZE, J.
Appellant, Richard Vaughan (“Vaughan”), appeals from a final judgment
entered in favor of Appellee, USMI Properties Five, LLC (“USMI”), following the
trial court granting USMI’s motion for judgment on the pleadings. Vaughan
brought a claim against USMI for negligence after a decayed tree located on
USMI’s property fell over and landed on Vaughan’s house, causing significant
damage. The trial court granted USMI’s motion for judgment on the pleadings
based on its conclusion that USMI did not owe Vaughan any legal duty to prevent
the decayed tree on USMI’s property from causing harm on Vaughan’s property.
Because the trial court erred in concluding that USMI owed no legal duty to
Vaughan when USMI was aware of the decayed condition of the tree, we reverse
the final judgment and the trial court’s order granting the motion for judgment on
the pleadings.
Background and Procedural History
Vaughan’s complaint filed in the trial court alleged that Vaughan and USMI
own adjacent properties that share a boundary line. In 2022, a large, rotten oak
tree on USMI’s property fell over and onto Vaughan’s house, causing significant
damage. The complaint alleges that USMI “knew that the tree was rotten for years
prior to the tree falling into [Vaughan’s] property” and that the tenant that resides
at USMI’s property in fact complained to USMI several times about falling limbs
before the tree ultimately fell on Vaughan’s house. Vaughan’s house was in a
location at which it was reasonably foreseeable to USMI that the house could be
damaged by the rotten tree. Vaughan alleged that, based on those allegations,
USMI owed a legal duty to Vaughan and that USMI breached that duty by failing
to remove the tree, thereby causing Vaughan to suffer damages to his home and his
home-based business.
2
In his complaint, Vaughan asserted a claim against USMI for negligence. 1
After filing its answer, USMI filed a motion for judgment on the pleadings. In the
motion, USMI argued that, based on the allegations of the complaint, even if the
rotten tree created a foreseeable zone of risk, USMI did not owe a legal duty to
Vaughan to prevent the tree from causing harm on Vaughan’s property.
Specifically, USMI argued that Florida had adopted a categorical rule mandating
that an owner of land is not liable when a tree on his land causes harm on adjacent
property, even when the tree is diseased, the owner has knowledge that the tree is
diseased, and it is reasonably foreseeable that the tree will cause harm on an
adjacent property. For this purported rule, USMI cited Gallo v. Heller, 512 So. 2d
215 (Fla. 3d DCA 1987), and Scott v. McCarty, 41 So. 3d 989 (Fla. 4th DCA
2010). USMI argued that these cases provide a special exception to the normal
rule of foreseeability for determining whether a defendant owes a legal duty to a
plaintiff.
In response, Vaughan argued that under Florida’s negligence jurisprudence,
where a landowner has actual knowledge that a tree on his property is diseased, the
landowner has a duty to exercise reasonable care to prevent the diseased tree from
causing harm to adjoining property owners. Vaughan further argued that Gallo
1
Vaughan also asserted a claim for “negligence per se” based on USMI’s
alleged violation of a statute. The trial court granted summary judgment on the
“negligence per se” claim and Vaughan does not appeal that ruling.
3
and Scott only adopted a rule by which landowners could not be held liable when
the limbs or vegetation of healthy trees grow onto or over a neighbor’s property,
and that these cases had no applicability to a diseased tree where it is reasonably
foreseeable that the tree will cause harm on a neighbor’s property.
After a hearing, the trial court entered an order adopting the position of
USMI and granting the motion for judgment on the pleadings. Vaughan moved for
reconsideration, which the trial court summarily denied. The trial court then
entered final judgment in favor of USMI, and this appeal followed.
Analysis
On appeal, the parties make the same arguments to us that they made to the
trial court. As explained below, we disagree with the trial court that Gallo and
Scott carved out an exception to Florida’s negligence law and created a categorical
rule that an owner of land is not liable when a tree on his land causes harm on
adjacent property, even when the tree is diseased, the owner has knowledge that
the tree is diseased, and it is reasonably foreseeable that the tree will cause harm on
an adjacent property. Instead, as Vaughan argues, Gallo and Scott merely adopted
the so-called “Massachusetts rule,” which provides that landowners are not liable
when the limbs or vegetation of healthy trees grow onto or over a neighbor’s
property. Because the Massachusetts rule adopted by Gallo and Scott is not
applicable to the facts of this case and does not support the trial court’s decision to
4
grant the motion for judgment on the pleadings, we need not and do not decide
whether we agree with our sister courts that Florida law recognizes the rule.
Rather, we only decide that: (1) the common law of negligence as applied in
Florida imposed a duty on USMI to exercise reasonable care to prevent the tree
that it (as alleged in the complaint) knew was rotten from causing harm on adjacent
properties such as Vaughan’s; and (2) with there being no “exception” that negates
this duty, the trial court erred in granting the motion for judgment on the pleadings
on the ground that USMI owed no duty to Vaughan.
I. Standard of Review
The standard of review for an order granting a motion for judgment on the
pleadings is de novo. Henao v. Pro. Shoe Repair, Inc., 929 So. 2d 723, 725 (Fla.
5th DCA 2006). “A motion for judgment on the pleadings is governed by the same
legal test as a motion to dismiss for failure to state a cause of action.” Id. Thus, “a
motion for judgment on the pleadings must be determined only on the pleadings
and without the aid of outside matters such as affidavits, depositions or other
showings of fact.” Salazar v. Ortiz, 431 So. 3d 566, 570 (Fla. 6th DCA 2026)
(quoting Turner v. Turner, 599 So. 2d 765, 766 (Fla. 5th DCA 1992)). Further,
“[w]here a defendant moves for judgment on the pleadings, a court must take as
true all of the material allegations in the plaintiff’s complaint and must disregard
all of the denials in the defendant’s answer.” Talcott Resol. Life Ins. Co. v.
5
Novation Cap. LLC, 261 So. 3d 580, 584 (Fla. 4th DCA 2018) (quoting Miller v.
Finizio & Finizio, P.A., 226 So. 3d 979, 982 (Fla. 4th DCA 2017) (emphasis
removed)). A judgment on the pleadings should be granted “only if the pleadings
establish that the movant is entitled to judgment as a matter of law.” Perez
Escalona v. City of Miami Beach, 227 So. 3d 722, 724 (Fla. 3d DCA 2017).
II. Negligence and the Element of Duty
To state a claim for negligence, a plaintiff must allege ultimate facts which
establish that: (1) the defendant owed a legal duty to the plaintiff; (2) the defendant
breached that duty; (3) the plaintiff was injured as a result of the defendant’s
breach of duty; and (4) the injury caused the plaintiff damages. Jackson v. Sweat,
783 So. 2d 1207, 1207 (Fla. 1st DCA 2001); Graulau Maldonado v. Orange Cnty.
Pub. Libr. Sys., 273 So. 3d 278, 279-80 (Fla. 5th DCA 2019).
Whether a duty exists in a negligence case is a matter of law to be decided
by the court, not a jury. Sierra Orlando Props., Ltd. v. Allen, 419 So. 3d 283, 286
(Fla. 6th DCA 2025) (citing McCain v. Fla. Power Corp., 593 So. 2d 500, 504
(Fla. 1992)). The standard for determining when a defendant owes a common law
duty to a plaintiff was set forth by the Florida Supreme Court in McCain. 593 So.
2d at 503. In McCain, the Court held that “a legal duty will arise whenever a
human endeavor creates a generalized and foreseeable risk of harming others.” Id.
“The McCain court described ‘reasonable, general foresight’ as the core of the duty
6
element and instructed that the focus is ‘whether the defendant’s conduct
foreseeably created a broader “zone of risk” that poses a general threat of harm to
others.’” Sierra Orlando Props., 419 So. 3d at 286 (quoting McCain, 593 So. 2d at
503). “[T]he zone of risk created by a defendant defines the scope of the
defendant’s legal duty and the scope of the zone of risk is in turn determined by the
foreseeability of a risk of harm to others.” Id. (quoting Smith v. Fla. Power & Light
Co., 857 So. 2d 224, 229 (Fla. 2d DCA 2003)). “[T]he duty then placed upon the
defendant is to either lessen the risk or see that sufficient precautions are taken to
protect others from the harm that the risk poses.” Id.; see also McCain, 593 So. 2d
at 503 (“Where a defendant’s conduct creates a foreseeable zone of risk, the law
generally will recognize a duty placed upon defendant either to lessen the risk or
see that sufficient precautions are taken to protect others from the harm that the
risk poses.” (quoting Kaisner v. Kolb, 543 So. 2d 732, 735 (Fla. 1989))); Williams
v. Davis, 974 So. 2d 1052, 1056 (Fla. 2007) (“[W]here a person’s conduct is such
that it creates a ‘foreseeable zone of risk’ posing a general threat of harm to others,
a legal duty will ordinarily be recognized to ensure that the underlying threatening
conduct is carried out reasonably.”). The McCain standard has been applied “to a
countless variety of factual circumstances in order to determine the existence of a
duty under our negligence law,” including numerous cases concerning whether
landowners owed a duty arising from conditions on their property that created a
7
risk to persons or property outside their property. 2 Williams, 974 So. 2d at 1056-
57, 1057-60 (discussing cases where the McCain standard was applied in such
cases); see also Hardin v. Jacksonville Terminal Co., 175 So. 226, 228 (Fla. 1937)
(“[T]here is no liability on the part of a landowner to persons injured outside his
lands . . . , unless the owner has done or permitted something to occur on his lands
which he realizes or should realize involves an unreasonable risk of harm to others
outside his land, and therefore imposes on him, as an owner or possessor of the
land, the duty of abating or obviating the use or condition from which the risk is
encountered.”).
In this case, USMI does not dispute that knowingly maintaining a large
rotten oak tree on its property foreseeably created a zone of risk of harm to its
neighbors, and it is obvious that it did so. Thus, under the McCain standard,
Vaughan’s complaint adequately alleged that USMI owed a common law duty to
Vaughan to exercise reasonable care to prevent the rotten tree from causing harm
on Vaughan’s property. Having not disputed that the McCain standard is satisfied
2
In line with our sister courts, we find McCain’s articulation of the standard
by which to determine whether a legal duty exists in a negligence case to be a
holding that is generally applicable to common law negligence actions in Florida,
as the Florida Supreme Court decided the proper standard to resolve the issue of
when a duty is owed in a negligence action and then applied that standard on a
chosen decisional path that led from the facts of the case to the judgment, thereby
making the standard a holding applicable to the cause of action of common law
negligence. See Crecelius v. Rizzitano, 430 So. 3d 268, 286-87 (Fla. 6th DCA
2026) (Gannam, J., concurring).
8
by Vaughan’s complaint, USMI’s sole argument is that the rule recognized in
Gallo and Scott created an exception to the McCain standard in the form of a
categorical rule that an owner of land is not liable when a tree on his land causes
harm on adjacent property, even when the tree is diseased, the owner has
knowledge that the tree is diseased, and it is reasonably foreseeable that the tree
will cause harm on an adjacent property. Thus, we turn to the supposed exception.
III. The Massachusetts rule and alternative rules recognized by other states.
In beginning our discussion of the Massachusetts rule, we note that both
parties to this appeal addressed the rule in their briefing by doing what we have
repeatedly cautioned litigants not to do – both parties assumed that we would
follow our sister courts’ decisions recognizing the Massachusetts rule without
addressing whether our sister courts’ decisions were correct. The parties argue
over the correct scope of the Massachusetts rule and whether it applies to this case,
but neither party addressed whether Florida law in fact recognizes the
Massachusetts rule, “despite our repeated statements that we will only follow the
decisions of our sister courts when those decisions are correct.” Ruffenach v.
Deutsche Bank Nat’l Tr. Co. as Tr. for Ameriquest Mortg. Sec. Inc., Asset-Backed
Pass-Through Certificates Series 2005-R8, 431 So. 3d 1055, 1072 (Fla. 6th DCA
2026) (Mize, J., concurring) (collecting cases in which the Sixth District has stated
that it will only follow the decisions of our sister courts when those decisions are
9
correct). Litigants should take this opinion as yet another cautionary statement that
parties cannot assume we will follow decisions of our sister courts with no
examination of whether those decisions are correct. See Pardo v. State, 596 So. 2d
665, 667 (Fla. 1992) (“[A]s between District Courts of Appeal, a sister district’s
opinion is merely persuasive.”) (quoting State v. Hayes, 333 So. 2d 51, 53 (Fla. 4th
DCA 1976)).
As to the scope of the Massachusetts rule, Vaughan is correct that the rule
simply does not encompass diseased trees. In our own review of jurisprudence
throughout the United States, we have found numerous special rules various states
have adopted governing a landowner’s liability to adjacent property owners for
harm or encroachments caused by trees on the landowner’s property. There are at
least five such rules: the Massachusetts rule, the Virginia rule, the Hawaii rule, the
Pennsylvania rule, and the Restatement rule. See Michalson v. Nutting, 175 N.E.
490, 491 (Mass. 1931) (recognizing the Massachusetts rule in Massachusetts);
Hasapopoulos v. Murphy, 689 S.W.2d 118, 119-21 (Mo. Ct. App. 1985)
(discussing the Restatement rule and then adopting the Massachusetts rule); Lane
v. W.J. Curry & Sons, 92 S.W.3d 355, 356-64 (Tenn. 2002) (discussing the
Restatement rule, the Virginia rule, the Hawaii rule, and the Pennsylvania rule
before adopting the Hawaii rule); Jones v. Wagner, 624 A.2d 166, 171 (Pa. 1993)
(adopting the Pennsylvania rule); Melnick v. C.S.X. Corp., 540 A.2d 1133, 1136-38
10
(Md. 1988) (discussing the Restatement rule, the Virginia rule, and the Hawaii rule
before adopting the Massachusetts rule). Without going into unnecessary detail,
the rules vary in what liability they impose (or do not impose) depending on
various factors. For example, under the Restatement rule, liability turns on
whether the tree is natural to the land or artificial in the sense of having been
planted or influenced by human activity in some way. Lane, 92 S.W.3d at 361-62;
Melnick, 540 A.2d at 1136. Under the Virginia rule, liability depends on whether a
tree is “noxious” and causes actual harm to an adjoining property. Lane, 92 S.W.3d
at 362; Melnick, 540 A.2d at 1137. Under the Hawaii rule, liability turns on
whether the tree causes actual harm or poses an imminent danger of actual harm to
adjoining property other than casting shade or dropping leaves, flowers or fruit.
Lane, 92 S.W.3d at 362-63; Melnick, 540 A.2d at 1137. Under the Pennsylvania
rule, it appears that a landowner bears liability for any encroachment by a tree on
his property onto an adjoining property, even in the absence of any actual harm to
the adjoining property. Lane, 92 S.W.3d at 363 (citing Jones, 624 A.2d at 171).
The Massachusetts rule originated in Michalson v. Nutting. In Michalson,
the plaintiff alleged that the roots from a tree on the defendant’s property had
penetrated the plaintiff’s land and caused damage to plaintiff’s house, including
damaging the foundation and the sewer and drain pipes. 175 N.E. at 490. The
plaintiff sought injunctive relief and damages. Id. Despite the trial judge finding
11
that the facts were just as the plaintiff alleged, he found the defendant was not
liable for any damage caused by the defendant’s tree to the plaintiff’s property, nor
was the defendant required to remove the roots from the plaintiff’s property. Id.
On appeal, the appellate court affirmed the trial court’s ruling, reasoning that
an owner of a property is entitled to grow trees anywhere on his property, and the
growth of trees naturally will result in the extension of branches and roots over and
into adjoining properties. Id. “It would be intolerable to give an action in the case
of an innoxious tree whenever its growing branches extend so far as to pass beyond
the boundary line and overhang a neighbor’s soil. It would be equally intolerable
where roots penetrate the neighbor’s soil.” Id. (quoting Countryman v. Lighthill, 24
Hun 405, 407 (N.Y. 1881) (internal quotations omitted)). While the plaintiff had
no cause of action, he was not without a remedy. Id. The court stated that property
owners such as the plaintiff are entitled to engage in self-help and cut off any
branches or roots that grow over or into their property from a tree on an adjoining
property. Id. at 490-91. The court concluded that:
The common sense of the common law has recognized that it is wiser
to leave the individual to protect himself, if harm results to him from
this exercise of another’s right to use his property in a reasonable way,
than to subject that other to the annoyance, and the public to the
burden, of actions at law, which would be likely to be innumerable
and, in many instances, purely vexatious.
Id. at 491.
12
Michalson involved a healthy tree, and the court’s stated reasoning was
expressly limited to healthy, or “innoxious,” trees and relied on a landowner’s right
to use his property in a “reasonable way” to grow healthy trees. Thus, the holding
of Michalson – the Massachusetts rule – is that a landowner cannot be held liable
when the branches or roots of a healthy tree on the landowner’s property encroach
over or onto an adjoining property. See Crecelius, 430 So. 3d at 274 (“The holding
of a case consists of those propositions along the chosen decisional path or paths of
reasoning that (1) are actually decided, (2) are based upon the facts of the case, and
(3) lead to the judgment.” (quoting Pedroza v. State, 291 So. 3d 541, 547 (Fla.
2020) (internal quotations omitted))).
Numerous courts that have adopted the Massachusetts rule have made clear
that it applies only to healthy trees. 3 See, e.g., Hasapopoulos, 689 S.W.2d at 121;
3
Multiple courts have also noted that a plaintiff asserting a claim based on
an allegation that a diseased or decayed tree on the defendant’s property caused
harm on the plaintiff’s adjoining property must establish that the defendant knew
or should have known that the tree was diseased or decayed. Pesaturo v. Kinne, 20
A.3d 284, 289 (N.H. 2011) (“[A] landowner who knows or should know that his
tree is decayed or defective has a duty to maintain the tree to eliminate this
dangerous condition. . . . [T]he manifestation of the tree’s decay must be readily
observable in order to require a landowner to take reasonable steps to prevent
harm.” (quoting Ivancic v. Olmstead, 488 N.E.2d 72, 74 (N.Y. 1985) (internal
quotations, alterations omitted))); Klein v. Weaver, 593 S.E.2d 913, 914 (Ga. Ct.
App. 2004) (“In regard to liability for a defective tree the ordinary rules of
negligence apply. The owner of a tree is liable for injuries from a falling tree only
if he knew or reasonably should have known the tree was diseased, decayed or
otherwise constituted a dangerous condition.” (quoting Willis v. Maloof, 361
S.E.2d 512, 513 (Ga. Ct. App. 1987))); Meyers v. Delaney, 529 N.W.2d 288, 290
13
Ivancic v. Olmstead, 488 N.E.2d 72, 73 (N.Y. 1985) (“[I]t is established that no
liability attaches to a landowner whose tree falls outside of his premises and injures
another unless there exists actual or constructive knowledge of the defective
condition of the tree.” (emphasis added)); Schwalbach v. Forest Lawn Mem’l Park,
687 S.W.2d 551, 552 (Ky. Ct. App. 1985) (adopting the Massachusetts rule and
stating that “We are not confronted with a dead tree which is likely to fall and
cause serious injury. A claim for damages or removal of such a tree might be
based on the theory of negligence . . . .”).
And indeed, the Florida cases that adopted the Massachusetts rule and on
which USMI relies, Gallo and Scott, both involved healthy trees and articulated the
rule as applying to healthy trees. In Gallo, the plaintiff alleged that the branches
and roots from a tree on the defendant’s property caused the plaintiff’s driveway
and walkway to crack, damaged the plaintiff’s roof, and dropped leaves onto the
plaintiff’s property that caused the plaintiff’s dog to have allergies. Gallo, 512 So.
2d at 216. In upholding the trial court’s dismissal of the plaintiff’s complaint, the
(Iowa 1995) (“[W]e limit liability to those situations in which it is established that
the tree’s owner had actual or constructive notice of the tree’s defective
condition.”); see also Rowe v. McGee, 168 S.E.2d 77, 81 (N.C. Ct. App. 1969)
(“[W]here a landowner knows that he has a tree on his property which is in a
dangerous condition and which is likely to fall and injure the property of an
adjoining landowner, he has a duty to eliminate such danger.”); Vann v. Bailey,
709 So. 2d 615, 615 (Fla. 5th DCA 1998) (“The record in the instant case contains
sufficient evidence of actual or constructive knowledge regarding the defective or
rotten condition of the laurel oak tree.”).
14
Third District Court of Appeal stated that “the rule at common law and the
majority rule in this country, which is followed in Florida, is that a possessor of
land is not liable to persons outside the land for a nuisance resulting from trees and
natural vegetation growing on the land.” 4 Id. (emphasis added). Quoting
Michalson, the court stated that the underlying rationale for this rule is that:
[I]t is wiser to leave the individual to protect himself, if harm results
to him from this exercise of another’s right to use his property in a
reasonable way, than to subject that other to the annoyance, and the
public to the burden, of actions at law, which would be likely to be
innumerable and, in many instances, purely vexatious.
Id. (quoting Michalson, 175 N.E. at 491 (emphasis added)). Thus, the Gallo court
articulated the holding of Michalson – the Massachusetts rule – as applying to the
natural growth of trees (i.e., healthy trees that are growing) and relying on a
landowner’s right to use his property in a “reasonable way” to grow such trees.
The Gallo court did not articulate the Massachusetts rule as applying to rotten trees
4
While the Gallo court cited multiple cases from other states to support its
adoption of the Massachusetts rule, the court did not engage in any examination of
the common law of England to determine that the Massachusetts rule was in fact
“the rule at common law,” nor did the court show that enough states had adopted
the Massachusetts rule to establish that the rule was “the majority rule in this
country.” Gallo, 512 So. 2d at 216. The only Florida case that Gallo cited was
Richmond v. General Engineering Enterprises Co., a previous Third District case
which adopted the Massachusetts rule but expressly stated that “there is substantial
authority to the contrary, which may indeed represent the majority rule.” 454 So.
2d 16, 17 (Fla. 3d DCA 1984). Like Gallo and Scott, Richmond involved a healthy
tree. Richmond, 454 So. 2d at 17.
15
or as protecting a defendant that unreasonably allows a rotten tree to sit on his
property until it falls over and causes harm on an adjoining property. 5
The material facts of Scott were the same as Gallo except the plaintiff in
Scott exercised her self-help option to remove the portions of her neighbor’s tree
that intruded on her property and then sought damages for the cost of that removal
in addition to damages for the harm caused by the tree’s encroaching branches and
roots before she removed them. Scott, 41 So. 3d at 989. Just like Gallo, nothing in
the Fourth District’s articulation of the Massachusetts rule in Scott indicated that
the rule applies to rotten trees or protects a defendant that unreasonably allows a
rotten tree to sit on his property until it falls over and causes harm on an adjoining
property. 6
5
While this case involves alleged property damage, USMI’s counsel
conceded at oral argument that under USMI’s proposed interpretation of the
Massachusetts rule, a defendant that knowingly allows a rotten tree to sit on his
property until it falls over and causes harm on an adjoining property would also be
immunized from liability for any injuries or deaths caused by the falling tree.
6
In Balzer v. Ryan, the First District Court of Appeal referenced the self-
help portion of the Massachusetts rule in deciding that a trial court did not depart
from the essential requirements of law by finding that an adjoining property owner
that exercised their self-help remedy and cut off roots encroaching from a tree on
their neighbor’s property was not liable to the owner of the tree for damage to the
tree that resulted from the removal of the roots. 263 So. 3d 189, 191 (Fla. 1st DCA
2018). In doing so, the First District articulated the rule as applying to healthy
trees. Id. (“Under Florida law, it is well-established that an owner of a healthy tree
is not liable to an adjoining property owner for damage caused by encroaching tree
branches or roots, but the adjoining property owner is privileged to trim back, at
his own expense, any encroaching tree roots or branches which has grown onto his
16
In sum, the Massachusetts rule adopted in Scott and Gallo simply does not
apply to the facts of this case as they are alleged in Vaughan’s complaint, i.e.,
where an owner of land had actual knowledge that a tree on his property was rotten
and dangerous, the owner took no action to address the danger, and the tree fell
over and caused damage on an adjoining property.
IV. We do not decide whether Florida recognizes the Massachusetts rule or
any alternative tree related rule.
Since the Massachusetts rule, by its own terms, does not apply to the facts of
this case, we need not decide whether Florida recognizes the Massachusetts rule as
an exception to the duty normally imposed by the common law of negligence (now
governed by the McCain framework). 7 To make such a decision would require
significant historical research and would seem to hinge on whether the common
law and statute laws of England recognized the Massachusetts rule (in some form
previously articulated) as an exception to the general law of negligence as of July
property.” (quoting Gallo, 512 So. 2d at 216 (internal quotations, alterations
omitted))).
7
While McCain is the Florida’s Supreme Court’s most recent holding
articulating the standard for determining when a defendant owes a common law
duty in a negligence case, the common law of negligence long predates McCain as
well as any states’ adoption of the Massachusetts rule or any of the other special
tree related rules other states have adopted. See Warren v. Ind. Tel. Co., 26 N.E.2d
399, 403 (Ind. 1940) (“Actions for injuries to the person caused by the negligence
of another were known under the common law of England, and triable by jury.”).
17
4, 1776. 8 See § 2.01, Fla. Stat. (2024) (“The common and statute laws of England
which are of a general and not a local nature . . . down to the 4th day of July, 1776,
are declared to be of force in this state. . . .”). Given that neither party provided
any briefing concerning whether the Third and Fourth District were correct to
adopt the Massachusetts rule, and the significant historical research that would be
required to determine whether they were correct to do so, we exercise our
discretion not to decide this issue when it is not necessary to decide this case.
We have a duty to affirm the trial court’s ruling if there is any theory or
principle of law in the record which would support the ruling. Caballero-Quinones
v. Wilder, 435 So. 3d 129, 138-40 (Fla. 6th DCA 2026), reh’g denied, (June 19,
2026). Therefore, if any of the other tree related rules – the Virginia rule, the
Hawaii rule, the Pennsylvania rule, and the Restatement rule – would support the
trial court’s ruling if recognized as an exception to the McCain framework, then
we would have a duty to determine if Florida law recognized such a rule.
However, none of the special tree related rules recognized by other states would
result in an affirmance of the trial court’s order even if they were recognized in
Florida. 9 Therefore, just like the Massachusetts rule, we need not decide whether
8
Of course, any relevant holdings of the Florida Supreme Court concerning
the common law of negligence or section 2.01, Florida Statutes, would also be
crucial to answering this question.
9
The allegations in Vaughan’s complaint facially establish that the Virginia
rule, the Hawaii rule, and the Pennsylvania rule, if they were recognized in Florida,
18
Florida recognizes any of these rules as an exception to the common law rule for
determining when a defendant owes a duty in a negligence case.
Conclusion
Under the McCain framework, Vaughan’s complaint adequately alleged that
USMI owed a common law duty to Vaughan to exercise reasonable care to prevent
the rotten tree on USMI’s property from causing harm on Vaughan’s property.
The trial court erred in determining that the allegations of the complaint
established that an exception applied which negated that duty. Accordingly, the
trial court’s final judgment and order granting USMI’s motion for judgment on the
pleadings are reversed, and this case is remanded to the trial court for further
proceedings consistent with this opinion.
REVERSED and REMANDED for further proceedings.
PRATT, J., and BEAMER, D.K., Associate Judge, concur.
would not bar Vaughan’s negligence claim. The only special tree rule that the
complaint does not facially establish would not apply is the Restatement rule, as
nothing in the complaint indicates whether the rotten tree on USMI’s property was
“natural” or “artificial.” However, the complaint states a cause of action for
negligence and does not establish that the Restatement rule would apply to negate
the duty element. Therefore, construing the allegations of the complaint in the
light most favorable to Vaughan, the complaint would not fail to state a cause of
action for negligence based on the Restatement rule. See Laguerre v. City of Coral
Springs, 673 So. 2d 60, 61 (Fla. 4th DCA 1996) (“A motion to dismiss must be
considered in the light most favorable to appellant.”); Henao, 929 So. 2d at 725
(“A motion for judgment on the pleadings is governed by the same legal test as a
motion to dismiss for failure to state a cause of action.”).
19
Daniel F. Pilka, of Pilka Adams & Reed, P.A., Brandon, for Appellant.
William S. Chambers, IV, of Campbell Trohn Tamayo & Aranda, P.A., Lakeland,
for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
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