METROPOLITAN DADE COUNTY, APPELLANT,
v.
RAMON V. COLINA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARTHA COLINA, DECEASED, APPELLEE
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Dade County appeals a jury verdict finding it 25% negligent in a wrongful death action arising from a traffic collision at an intersection with a non-functioning traffic light. The court reversed, holding that the county's failure to deploy traffic control or repair the light was not a proximate cause of the victim's death because the actions of the drivers involved constituted superseding intervening causes.
The county's failure to act was not a proximate cause of the death as a matter of law. Both Masferrer and Colina's actions constituted superseding intervening causes. Although Colina complied with the stop requirement, he violated the right-of-way requirement by proceeding across the intersection when it was not reasonably safe to do so, knowing the danger and that Masferrer might not stop.
[1] A governmental entity's failure to maintain traffic signals is not the proximate cause of a fatal accident when the actions of other drivers constitute superseding, inter…
[2] Drivers approaching an intersection with inoperative traffic lights must treat the intersection as a stop intersection and yield the right-of-way to approaching vehicles.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The case, however, turns on whether Masferrer's and Colina's actions constituted superseding, intervening causes relieving the county of liability. We hold that their actions were such intervening causes.”
Establishes the core legal principle that the drivers' actions broke the causal chain between the county's negligence and the death.
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Join FLexlaw to unlock all legal intelligenceOn June 20, 1980, Ramon Colina was driving a van south on S.W. 16th Avenue with his wife Martha in the passenger seat. A power outage had disabled tra…
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NESBITT, Judge.
Dade County appeals a final judgment rendered on a jury verdict in a wrongful death action. The county argues that the trial court erred in refusing to direct a verdict in its favor because any negligence on the county’s part was not the proximate cause of Martha Colina’s death. We agree and reverse.
On June 20, 1980 at about 10:00 p.m., Ramon Colina was driving his van south-boiind on S.W. 16th Avenue in Miami. Ramon’s wife, Martha, was seated in the right front passenger seat. Stormy weather had caused power outages throughout the county and, as a result, a number of traffic lights were reported out, including the light at S.W. 16th Avenue and S.W. 6th Street.1 Dade County did not, on June 20th, either place traffic control signs at the intersection or send a repair crew out.
When he neared S.W. 6th Street, according to his own testimony, Colina appreciated the hazardous condition and stopped his vehicle.2 He looked to his left and saw two cars traveling westbound on S.W. 6th Street, approaching 16th Avenue. He moved the van forward a few feet and stopped again. He testified that he realized the vehicles might not stop, but decided to try to cross the intersection ahead of them. One of the cars traveling on 6th Street, driven by Miguel Masferrer, did not stop. The Masferrer and Colina vehicles collided. Mrs. Colina was thrown from the car sustaining injuries which resulted in her death.
The jury found negligence on the part of both co-defendants, apportioning the negligence seventy-five percent to Masferrer and twenty-five per cent to the county. The jury also found no contributory negligence on the part of Ramon Colina. All of the county’s directed verdict motions were denied by the trial court.
The issue for decision is whether reasonable people could differ on the question of whether the county’s omission to act was a proximate cause of Mrs. Colina’s death. We find that they could not and, as a matter of law, the county’s failure to act was not a proximate cause of Mrs. Colina’s death.
An exhaustive review of proximate cause law in Florida is unnecessary since a thorough and insightful analysis has recently been done by Judge Hubbart of this court. See Stahl v. Metropolitan Dade County, 438 So. 2d 14 (Fla. 3d DCA 1983).
Application of the traditional “but for” test results in a conclusion that the county’s omission was a cause in fact of Mrs. Colina’s death. The case, however, turns on whether Masferrer’s and Colina’s actions constituted superseding, intervening causes relieving the county of liability. We hold that their actions were such intervening causes.
As previously noted, section 316.1235, Florida Statutes (1979) requires drivers to treat intersections with malfunctioning traffic lights as if controlled by stop signs. Section 316.123(2), Florida Statutes (1979) describes the manner of stopping and requires that a driver yield the right-of-way to any vehicle “which is approaching so closely ... as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.” While Mr. Colina complied with the requirement calling for a stop, he failed to observe the right-of-way requirement. It is true that Mr. Masferrer was also required by law to stop, but that did not relieve Mr. Colina of his duty to proceed with due care to avoid a collision. See Dade County Metropolitan Transit Authority v. Even, 262 So. 2d 685 (Fla. 3d DCA 1972); Gordon's Tractor Service, Inc. v. Bilello, 336 So. 2d 1208 (Fla. 2d DCA 1976); MacNeill v. Neal, 253 So. 2d 263 (Fla. 2d DCA 1971), cert. denied, 259 So. 2d 719 (Fla.1972). Although he realized the intersection presented a danger and that Masferrer might not stop, Mr. Colina proceeded across the intersection hoping to beat the oncoming vehicles. He would be expected, as a matter of law, to cross the intersection only when it was reasonably safe to do so. The facts of this case are controlled by our decision in Pope v. Cruise Boat Co., 380 So. 2d 1151 (Fla. 3d DCA 1980). See also Memorial Park, Inc. v. Spinelli, 342 So. 2d 829 (Fla. 2d DCA 1977), cert. denied, 354 So. 2d 986 (Fla.1978); Fonda v. City of Mesa, 10 Ariz. App. 111, 456 P. 2d 957 (1969); Carr v. Shirland Township, 66 Ill.App.3d 1033, 23 Ill.Dec. 655, 384 N.E. 2d 449 (1978); Lytle v. City of Newark, 166 N.J.Super. 191, 399 A. 2d 333 (1979).
Any negligence on Dade County’s part simply provided the occasion for the actions of Masferrer and Colina, which together were the proximate cause of Mrs. Colina’s death. Banat v. Armando, 430 So. 2d 503, 505 (Fla. 3d DCA 1983), review denied, 446 So. 2d 99 (Fla.1984). Both Masferrer and Colina could see that the traffic light was not functioning and, by complying with statutory requirements, could have avoided the collision. To hold the county liable on these facts would make it an insurer of motorists acting in disregard of their own safety and that of others. Such a responsibility would be an unwarranted social burden. Finding that reasonable persons could not differ on the proximate cause issue, we reverse the trial court’s order denying the county’s motion for directed verdict.
Reversed.
. A city of Miami police officer testified that he had reported the failure of the traffic light at S.W. 16th Avenue and S.W. 6th Street on June 20th at approximately 5:20 p.m. However, Dade County has no record of the report. Additionally, according to standard procedure the county would not respond to such a report because in the vast majority of cases the light begins working again when power is restored.
. His stop complied, whether knowingly or not, with section 316.1235, Florida Statutes (1979).
316.1235 Vehicle approaching intersection in which traffic lights are inoperative. — The driver of a vehicle approaching an intersection in which the traffic lights are inoperative shall stop in the manner indicated in s. 316.-123 (2) for approaching a stop intersection. In the event that only some of the traffic lights within an intersection are inoperative, the driver of a vehicle approaching an inoperative light shall stop in the above-prescribed manner. 316.123 Vehicle entering stop or yield intersection.—
(1) The right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in s. 316.006.
(2)(a) Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.
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Goldberg v. Fla. Power & Light Co., 899 So. 2d 1105 (Fla. 2005)…easors of liability as a matter of law due to the plaintiffs’ negligence in failing to treat inoperable traffic signals as four-way stops as required by Florida law. [*1117] This principle was first articulated in Metropolitan Dade County v. Colina, 456 So. 2d 1233 (Fla. 3d DCA 1984). There, the husband of a woman killed in an inter-sectional collision filed a negligence action against Dade County for the County’s failure to repair traffic signals rendered inoperable by a storm or place temporary traffic contr…
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Dep't OF Transp. v. Cleopatra Gayle Anglin, 502 So. 2d 896 (Fla. 1987)…cause of the Anglins’ predicament (i.e., “but for” the puddle of water, the Anglins’ vehicle would not have stalled), petitioners’ negligence simply provided the occasion for the negligence of another. See, e.g., Metropolitan Dade County v. Colina, 456 So. 2d 1233 (Pla. 3d DCA 1984), review denied, 464 So. 2d 554 (Fla.1985); Pope v. Cruise Boat Co., 380 So. 2d 1151 (Fla. 3d DCA 1980). The district court has read our decision in Gibson too broadly and has applied it to a materially different factual situation…
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Palm Beach Cnty. Bd. of Cnty. Comm'rs v. Salas, 511 So. 2d 544 (Fla. 1987)…y attempt to check for oncoming traffic before entering the intersection. To hold the county liable on these facts would make it an insurer of motorists who act in disregard of their own safety and that of others. Metropolitan Dade County v. Colina, 456 So. 2d 1233, 1235 (Fla. 3d DCA 1984), review denied, 464 So. 2d 554 (Fla.1985). See Boulos v. State, 82 A.D.2d 930, 931, 440 N.Y.S.2d 731, 732 (1981) (state is not the insurer of safety on its roads), aff'd, 56 N.Y.2d 714, 436 N.E. 2d 1327, 451 N.Y.S.2d 725 (19…
Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- Stahl v. Metro. Dade Cnty., 438 So. 2d 14 (Fla. 3d DCA 1983)
- Fouad Banat v. Armando, 430 So. 2d 503 (Fla. 3d DCA 1983)
- Mem'l Park, Inc. v. Spinelli, 342 So. 2d 829 (Fla. 2d DCA 1977)
- Linda Gale Pope et vir. v. Cruise Boat Co., Inc., 380 So. 2d 1151 (Fla. 3d DCA 1980)
- Cousins Assocs., Inc. v. Cousins, 380 So. 2d 1151 (Fla. 3d DCA 1980)
- Ellsworth R. MacNEILL & Guardian-Union Grp. of Ins. Cos. v. Neal, 253 So. 2d 263 (Fla. 2d DCA 1971)
- Dade Cnty. Metro. Transit Auth. & Raymond Abernathy v. Even, 262 So. 2d 685 (Fla. 3d DCA 1972)
- Wood v. State, 259 So. 2d 719 (Fla. 1972)
- Philip J. Fleming et ux. v. Pittman, 259 So. 2d 719 (Fla. 1972)
- Brooks Taylor v. State, 336 So. 2d 1208 (Fla. 1st DCA 1976)