ELLSWORTH R. MACNEILL AND GUARDIAN-UNION GROUP OF INSURANCE COMPANIES, A CANADIAN CORPORATION, APPELLANTS,
v.
JAMES D. NEAL, APPELLEE
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The court held that the trial court properly directed a verdict on liability for the plaintiff because the evidence, viewed favorably to the defendant, did not suggest the plaintiff failed to exercise reasonable care when entering the intersection.
[1] A motorist with a favorable traffic signal entering an intersection has the right of way and may assume others will obey the law and exercise due care.
[2] Even with a favorable traffic signal, a motorist entering an intersection must exercise reasonable care to ascertain that the intersection is free from impending traffic…
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, proceeding through a green light, entered an intersection and was struck by the defendant, who entered against a red light at a high sp…
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This is an automobile accident case. The appellant was the defendant in the Court below. The appellee was the plaintiff. At the close of all the evidence the trial judge directed a verdict in favor of the appellee/plaintiff on the issue of liability. This appeal followed.
The evidence taken in the light most favorable for the appellant establishes that this accident occurred on April 27, 1968, at the intersection of 9th Street North and 38th Avenue North in St. Petersburg, Florida, at approximately 11:00 a. m. Thirty-Eighth Avenue North runs east and west and 9th Street North runs north and south. Ninth Street North is a four-lane highway with two traffic lanes going north and two traffic lanes going south. There was a traffic control light in working order suspended over the center of the intersection at the time of the accident.
*264On the day of the accident the appellee was proceeding in a westerly direction on 38th Avenue North approaching the intersection at approximately 25 to 30 miles per hour. The traffic control signal was green for his direction of traffic and red for north and south bound traffic on 9th Street North. As he was about to enter the intersection he looked to his left and observed a car stopped on 9th Street facing north in the lane nearest the eastern curb line waiting for the signal to change. The appellee saw no other vehicles entering the intersection from the south on 9th Street until he was in the intersection. After entering the intersection and immediately before impact he observed the appellant’s vehicle entering the intersection going north on 9th Street in the lane nearest the centerline. The appellant’s vehicle struck the appellee’s vehicle on the left side. The collision occurred in the middle of the intersection. Two disinterested witnesses described the appellant’s car as traveling fast. Based upon this evidence the Court directed a verdict on the issue of liability in favor of the appellee. The appellant appeals.
It is the contention of the appellant- that the issue of whether or not the appellee is guilty of contributory negligence is a question for the jury and because of this the lower court erred in directing a verdict against him.
The appellant argues that the driver of an automobile entering an intersection on a favorable light has a duty to ascertain whether or not the intersection is free from impending traffic which would present a clear and present danger to safe passage through the intersection. The appellant contends the record directly or inferentially establishes that the appellee blindly entered the intersection without first ascertaining whether there was traffic in or so near the intersection so as to constitute an immediate hazard to the ap-pellee. In support of this contention he relies on the cases of Garris v. Robeison (2nd DCA, Fla., 1962) 146 So.2d 388; Tackett v. Hartack (3rd DCA, Fla., 1957) 98 So.2d 896.
A motorist about to enter an intersection with the traffic signal in his favor has the right of way. Mason v. Remick (Fla.App.1958) 107 So.2d 38. He also has a right to assume others will obey the law and exercise due care to avoid an accident, Kerr v. Caraway (Fla.1955) 78 So.2d 571. However, even though he has a favorable light he must exercise reasonable care to determine that there is no impending traffic which would impede safe passage through the intersection. Tackett v. Hartack, supra. He has not exercised reasonable care once he knows or should have known that another motorist is going to run a red light and he has a clear opportunity to avoid the collision. Wagner v. Willis (Fla.App.1968) 208 So.2d 673. Therefore, the issue in this case is whether or not there is any evidence, directly or inferentially, to suggest that the appellee did not exercise reasonable care in entering the intersection.
The evidence is quite clear in the instant case that the appellee entered the intersection first and from the right of the appellant; that the light was green for him at the time he entered the intersection; that the appellant entered the intersection against the light at a fast rate of speed striking the appellee’s car on the left side in the center of the intersection; that the appellee was travelling at a reasonable speed well within the speed limits as he entered the intersection; that the appellee, prior to entry into the intersection, looked to his left and was only able to see one car which was stopped waiting for the signal to change, and that there was nothing to alert the appellee that the appellant was about to enter the intersection against the red light.
It would appear from this evidence that the appellee exercised reasonable care in entering the intersection and that the lower court properly directed a verdict in favor of him on the question of liability. To ar*265rive at any other conclusion would require the trial court to indulge in speculation and conjecture, accordingly the judgment of the lower Court is affirmed.
PIERCE, C. J., MANN, J., and BEACH, ROBERT E., Associate Judge, concur.
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Metro. Dade Cnty. v. Colina, 456 So. 2d 1233 (Fla. 3d DCA 1984)…na 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 e…
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U. S. Fire Ins. Co. v. Progressive Cas. Ins. Co. & Phillip Hurlock, 362 So. 2d 414 (Fla. 2d DCA 1978)…by statute.2 It is true that a motorist entering an intersection with a favorable traffic signal has the right to assume that others will obey the law and yield the right-of-way to him. Kerr v. Caraway, 78 So. 2d 571 (Fla. 1955); MacNeill v. Neal, 253 So. 2d 263 (Fla. 2d DCA 1971); Wagner v. Willis, 208 So. 2d 673 (Fla. 2d DCA 1968). However, it is equally true that a motorist who proceeds into an intersection must also use reasonable care. As we said in MacNeill v. Neal, supra, at 264: A motorist about to…
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Proctor & Gamble Distrib. Co. v. McGLAMERY, 341 So. 2d 521 (Fla. 3d DCA 1976)…summary judgment as to liability. After hearing on the motion, the trial court entered the order appealed. We affirm. See: Cash v. Gates, Fla.App.1963, 151 So. 2d 838; Tranter v. Wible, Fla.App.1966, 191 So. 2d 595; MacNeill v. Neal, Fla.App.1971, 253 So. 2d 263; Walters v. McQueen, Fla.App.1974, 292 So. 2d 34. This affirmance is not to be construed as passing any judgment on the negligence, if any, on the part of the plaintiff. The defendant’s answers were not a part of the record in this case and, therefo…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kerr v. Caraway, 78 So. 2d 571 (Fla. 1955)
- Garris v. Robeison, 146 So. 2d 388 (Fla. 2d DCA 1962)
- Burt John Mason v. Remick, 107 So. 2d 38 (Fla. 2d DCA 1958)
- Hiram Tackett, Jr. v. Hartack, 98 So. 2d 896 (Fla. 3d DCA 1957)
- Wagner v. Willis, 208 So. 2d 673 (Fla. 2d DCA 1968)