BERTHA BATES MIDDLETHON, APPELLANT,
v.
FLORIDA POWER & LIGHT COMPANY, APPELLEE

Fla. 3d DCA | 1981-06-30
No. 80-2224
Before BARKDULL and FERGUSON, JJ., and MELVIN, WOODROW M. (Ret.), Associate Judge.
400 So. 2d 1287 Florida District Court of Appeal, Third District (1981) Positive Treatment
Cited by 10 cases
Opinion of the Court
FERGUSON, Judge.

FERGUSON, Judge.

An electric utility company is not liable on theory that they negligently installed and used a concrete pole near the roadway where the undisputed evidence shows the vehicle had collided with another vehicle, veered off the roadway and onto the sidewalk, then struck utility pole. See, e. g., Speigel v. Southern Bell Telephone and Telegraph Company, 341 So. 2d 832 (Fla. 3d DCA 1977).

Order dismissing third party complaint with prejudice is affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Charles "Chuck" Seth Scott and Linda Scott v. Fla. Dep't of Transp., 752 So. 2d 30 (Fla. 1st DCA 2000)
    …efficient intervening cause.... ” The court found that the “location of the poles was not the proximate cause of the plaintiffs’ injuries,” citing Department of Transp. v. Anglin, 502 So. 2d 896 (Fla.1987), and Middlethon v. Fla. Power & Light Co., 400 So. 2d 1287 (Fla. 3d DCA 1981). The lower court also found that count II failed to state a cause of action, because the complaint contained no ultimate facts to support the claim that DOT had actual or constructive notice of a dangerous condition. Thus, the lo…
  • Miller v. City OF Fort Lauderdale, 508 So. 2d 1328 (Fla. 4th DCA 1987)
    …hat the position and location of the pole was not the legal cause of the accident. See General Telephone of Florida v. Choate, 409 So. 2d 1101 (Fla. 2d DCA 1982) (plaintiff's vehicle struck stationary equipment); Middlethon v. Florida Power & Light, 400 So. 2d 1287 (Fla. 3d DCA 1981) (plaintiff’s vehicle struck light pole after first colliding with another vehicle); Speigel v. Southern Bell Telephone & Telegraph Co., 341 So. 2d 832 (Fla. 3d DCA 1977) (plaintiffs vehicle struck pole allegedly located too close…
  • Fla. Power & Light Co. & State of Fla. v. Ileana MacIas, 507 So. 2d 1113 (Fla. 3d DCA 1987)
    …event. Lively, 465 So. 2d at 1276. Thus, merely placing or maintaining a utility pole in close proximity to a roadway does not create a duty on the part of the utility company. See Lively, 465 So. 2d at 1276; Middlethon v. Florida Power & Light Co., 400 So. 2d 1287 (Fla. 3d DCA 1981); Speigel v. Southern Bell Tel. & Tel. Co., 341 So. 2d 832 (Fla. 3d DCA 1977). In determining whether the condition creates an unreasonable risk of harm to persons lawfully traveling on the highway and deviating from it, the essen…

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