STEVEN BUSCH, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Dep't OF Transp. v. Wallis, 659 So. 2d 429 (Fla. 5th DCA 1995)
  …)). Because the danger of crossing a roadway was readily apparent to potential victims and did not constitute a hidden trap for pedestrians, the supreme court upheld the directed verdict in favor of DOT. See also Paneque v. Metropolitan Dade County, 478 So. 2d 414, 415 (Fla. 3d DCA 1985) (danger of crossing street readily apparent; thus, county’s immunity was matter of law for judge to resolve); Department of Transp. v. Caffiero, 522 So. 2d 57 (Fla. 2d DCA) (danger a pedestrian faces in crossing a street is r…
• State v. Caffiero, 522 So. 2d 57 (Fla. 2d DCA 1988)
  …. The danger a pedestrian faces in crossing a street is “readily apparent,” therefore, sovereign immunity bars a tort action against the governmental entity. Payne v. Broward County, 461 So. 2d 63, 66 (Fla.1984); Paneque v. Metropolitan Dade County, 478 So. 2d 414, 415 (Fla. 3d DCA 1985). One court has held that the dangers of a trash dumpster are “readily apparent,” barring suit against a city. City of Delray Beach v. Watts, 461 So. 2d 142 (Fla. 4th DCA 1984). The fourth district has also affirmed the entry…
• McFADDEN v. Cnty. OF Orange, 499 So. 2d 920 (Fla. 5th DCA 1986)
  …. City of Stuart, 468 So. 2d 955 (Fla.1985); DOT v. Neilson, 419 So. 2d 1071 (Fla.1982); City of St. Petersburg v. Collom, 419 So. 2d 1082 (Fla.1982); compare Payne v. Broward County, 461 So. 2d 63 (Fla.1984) and Paneque v. Metropolitan Dade County, 478 So. 2d 414 "(Fla. 3rd DCA 1985) (where there was no hidden danger or trap). Orange County relies heavily on the fact that the State Department of Transportation, and not Orange County, designed this intersection and the sequence of signals. However, documents…

Authorities Cited

• Steiner v. State, 469 So. 2d 179 (Fla. 3d DCA 1985)