LARRY POPEJOY, BY AND THROUGH HIS MOTHER AND NEXT FRIEND, MARIA POPEJOY, APPELLANTS,
v.
EDWARD HARRISON AND LEARY MCCARTHY, APPELLEES
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Trial court erred in failing to instruct jury on statutes imposing duties on drivers to avoid pedestrians and treating bicycle riders as pedestrians; reversed and remanded for new trial.
A trial court must give jury instructions on Florida Statutes sections 316.130(15) and 316.2065(10) in a negligence case where a driver strikes a child riding a bicycle on a sidewalk.
[1] A driver of a vehicle must exercise due care to avoid colliding with any pedestrian or person propelling a human-powered vehicle and must give warning when necessary and…
[2] A person propelling a vehicle by human power upon and along a sidewalk or across a roadway upon and along a crosswalk has all the rights and duties applicable to a pedest…
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Join FLexlaw to unlock all legal intelligenceLarry Popejoy, a child, was riding his bicycle on a sidewalk when an automobile pulling into a driveway struck him.…
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PER CURIAM.
The appellant, Larry Popejoy, was riding his bicycle on a sidewalk when an automobile, which was pulling into a driveway, struck him. We hold that under the facts and circumstances of this negligence case the trial court erred in failing to give requested instructions encompassing the following two statutes: Section 316.130(15), Florida Statutes (1989),1 and section 316.2065(10), Florida Statutes (1989).2
Accordingly, we reverse and remand for a new trial. See Sotuyo v. Williams, 587 So. 2d 612 (Fla. 1st DCA 1991); Mathieu v. Schnitzer, 559 So. 2d 1244 (Fla. 4th DCA), rev. dismissed, 570 So. 2d 1306 (Fla.1990); Hammond v. Jim Hinton Oil Co., 530 So. 2d 995 (Fla. 1st DCA 1988); see also Simmons v. Roorda, 601 So. 2d 609 (Fla. 2d DCA 1992); Bradley v. Guy, 438 So. 2d 854 (Fla. 5th DCA 1983).
REVERSED AND REMANDED.
STONE, J., and WALDEN, JAMES H., Senior Judge, concur. FARMER, J., concurs specially with opinion.
. Section 316.130(15), Florida Statutes (1989), provides as follows:
Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.
. Section 316.2065(10), Florida Statutes (1989), provides as follows:
A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.
FARMER, Judge,
concurring.
I entirely agree with the court’s reversal. In addition to the jury instructions on. the two statutes specifically mentioned in the court’s opinion, I would also require an instruction, as requested, on section 316.185, Florida Statutes (1991).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sotuyo v. Carroll Eugene Williams, 587 So. 2d 612 (Fla. 1st DCA 1991)
- Hammond v. JIM Hinton OIL Co., Inc., 530 So. 2d 995 (Fla. 1st DCA 1988)
- Mathieu v. Schnitzer, 559 So. 2d 1244 (Fla. 4th DCA 1990)
- Bradley v. GUY, 438 So. 2d 854 (Fla. 5th DCA 1983)
- Simmons v. Roorda, 601 So. 2d 609 (Fla. 2d DCA 1992)