J. E. PRICE, INDIVIDUALLY, AND AS OWNER OF THE OKEECHOBEE CONSTRUCTION COMPANY,
v.
GEORGE G. PARKS
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Parks sued Price and his construction company for injuries sustained in an automobile accident on a detour bridge in Key West, alleging negligence from hazardous materials left on the bridge during road work. The Florida Supreme Court affirmed a $2,000 judgment, holding that a contractor who creates a dangerous condition on a public road or bridge is liable for resulting injuries even without assuming maintenance duties.
A person causing a defect or obstruction in a traveled public way, including a detour bridge open for public use, is liable for injuries caused by such defects or obstructions resulting from affirmative acts or positive neglect, even if the defendant assumed no duty to maintain the road or bridge. A contractor who occasions a dangerous highway or bridge condition by allowing materials from vehicles to fall and negligently accumulate is liable to injured persons.
“A person causing a defect or obstruction in a traveled public way, including a detour bridge kept open for public use, is liable in damages to an injured automobilist for injuries caused by such defects or obstruction, where the defect or obstruction was occasioned by the affirmative act or positive neglect of the defendant”
Establishes the primary rule of liability for contractors creating dangerous public road conditions
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Join FLexlaw to unlock all legal intelligenceParks was injured in an automobile accident on a detour bridge between Stock Island and Key West in Monroe County. Price and his company, working for …
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This was an action brought in the Circuit Court of Monroe County by George G. Parks whereby plaintiff sought to recover from J. E. Price, individually, and as owner of the Okeechobee Construction Company, for certain injuries and damages alleged to have been sustained by the said Parks as the result of an automobile accident on a detour bridge extending between Stock Island and the Island of Key West, in Monroe County, as a result, so it was alleged in the declaration, of the negligence of the defendants, who were using said detour bridge in connection with their work for the State Road Department, in allowing certain slippery material and substances being hauled by them over said detour bridge, to so, accumulate thereon as to make said bridge dangerous to persons whom the defendants knew, or ought to have known, were likely to be injured by said dangerous condition. The declaration was *746upheld as against demurrer and upon trial a recovery for $2000.0.0 damages and costs, was sustained by the trial judge whose judgment to that effect comes here on writ of error.
A person causing a defect or obstruction in a traveled public way, including a detour bridge kept open for public use, is liable in damages to an injured automobilist for injuries caused by such defects or obstruction, where the defect or obstruction was occasioned by the affirmative act or positive neglect of the defendant, and plaintiff has not lost his right to recover because of his own fault in the premises, even though no general duty of maintenance has been assumed by defendant, or exists on his part.
If harm is caused by the dangerous condition of a highway or public bridge held open for public travel, the right of action of the person harmed may be enforced against a contractor shown to have occasioned a dangerous condition of said highway or bridge by allowing materials from his vehicles to fall and negligently to accumulate on same, even though such contractor has assumed no duty to maintain or keeep the highway or bridge in repair.
An application of the foregoing rule of. law to the pleadings and evidence requires an affirmance of the judgment and it is so ordered.
Affirmed.
Whitfield, P. J., and Brown and Davis, J. J., concur.
Ellis, C. J., and Terrell and Buford, J. J., concur in the opinion and judgment.
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Slavin v. Sanford KAY, 108 So. 2d 462 (Fla. 1958)…carded as controlling authorities and all the more recent cases in this Commonwealth have followed the principles proclaimed in MacPherson v. Buiek Motor Co. [217 N.Y. 382, 111 N.E. 1050, L.R.A.1916F, 696] * * . For example, compare Price v. Parks, 127 Fla. 744, 173 So. 903. . This quotation from original opinion by THOMAS, J. . See Caledonian Am. Ins. Co. of N. X. v. Coe, Fla., 76 So. 2d 272. F.S. Sec. 54.17, F.S.A. and the cases there cited.…
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Morales v. Costa, 427 So. 2d 297 (Fla. 3d DCA 1983)…Co. v. Gilmore, 112 Fla. 366, 152 So. 621 (1934) (plaintiff recovered a judgment against defendant for injuries received when she tripped over a dark cord placed across a grass plot between the curb and the paved sidewalk); see also Price v. Parks, 127 Fla. 744, 173 So. 903 (1937). Because we find, contrary to the trial court, that a landowner may be liable for obstructions to the public right-of-way, we reverse the summary judgment and remand for further proceedings. Reversed and remanded. . Although t…
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Finley P. Smith, Inc. v. Schectman, 132 So. 2d 460 (Fla. 2d DCA 1961)…verted, its contract with the State Road Department required it to keep the road in such condition while being repaired as traffic could pass over it. [*463] The following cases conclude the point against the contention of appellant: Price v. Parks, 127 Fla. 744, 173 So. 903; Briscoe v. Worley, Okl., 253 P. 2d 145; Morgan Hill Paving Co. v. Fonville, 218 Ala. 566, 119 So. 610; Holmes v. T. M. Strider & Co., 186 Miss. 380, 189 So. 518, 123 A.L.R. 1190.” This court affirmed the lower court in M. J. Carroll C…
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