THOMAS STAFFORD STARK ET AL., APPELLANTS,
v.
WILLIAM SMITH, JR., A MINOR, BY AND THROUGH HIS FATHER AND NEXT FRIEND, WILLIAM SMITH, SR., AND WILLIAM SMITH, SR., INDIVIDUALLY, APPELLEES

Fla. 3d DCA | 1975-03-25
No. 74-216
Before PEARSON, HENDRY and HAVERFIELD, TJ.
310 So. 2d 334 Florida District Court of Appeal, Third District (1975) Positive Treatment
Cited by 8 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Defendants Thomas Stark and others appeal a $40,000 jury verdict entered against them in a personal injury case arising from a car running over a minor plaintiff in a bar parking lot. The appellate court affirmed the judgment, holding that the trial court properly instructed the jury on negligence without including charges on sudden emergency, intervening cause, or comparative negligence.


Holding

The trial court did not commit reversible error. The court correctly instructed the jury using standard jury instructions applicable to the negligence case, and the Florida Supreme Court Committee on Standard Jury Instructions specifically recommended against including a charge on sudden emergency, as the ordinary reasonable care instruction is broad enough to cover emergency situations.


Headnotes

[1] A trial court correctly charges the jury when it provides instructions that are in accordance with applicable principles of the law of negligence.

[2] A trial court is not required to give a jury instruction on sudden emergency when the ordinary charge concerning reasonable care under the circumstances is broad enough t…

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Key Quotes

“The Supreme Court Committee on Standard Jury Instructions which drafted the standard jury instructions approved by the Florida Supreme Court specifically recommended that the charge on the subject of sudden emergency not be given.”

Establishes that the trial court's decision not to give a sudden emergency instruction was in accordance with official recommendations because the reasonable care standard adequately covers emergency situations.

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Facts & Procedural History

The accident occurred in a parking lot of a bar when a car driven by defendant Thomas Stark ran over minor plaintiff William Smith, Jr., severely inju…

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Opinion of the Court
HENDRY, Judge.

HENDRY, Judge.

This is an appeal by the defendants in the trial court from an adverse final judgment in the amount of $40,000 plus interest and costs entered in favor of the plaintiff pursuant to a jury verdict.

The appellants have raised five points on appeal seeking to have this court reverse the judgment.

In summary, appellants attack the failure of the trial judge to include in his instructions to the jury a charge concerning the doctrine of sudden emergency, the defense of independent and intervening cause and the defense of comparative (contributory) negligence by the plaintiff.

In addition, appellants contend that the court erred in notifying the jury that it was removing from their consideration the issues of intervening cause, comparative (contributory) negligence and assumption of risk.

Lastly, the appellants assert that the rulings of the trial court taken in' toto, deprived them of a fair trial in this case.

This court has carefully, examined the record of this case in light of the briefs and the citations of law therein, and we have concluded that the appellants have failed to demonstrate any reversible error. This case arose out of a mishap which occurred in the parking lot of a bar. A car driven by the defendant Thomas Stark ran over the minor plaintiff, William Smith, Jr., severely injuring him.1

The evidence at trial showed that the accident occurred following a fracas inside of the bar which had continued outside of the bar. The defendants have argued that when the accident occurred the defendant Thomas Stark felt that he was endangered, and he was in a hurry to back his car up and to drive away.

Moreover, the defendants assert that just prior to the accident the plaintiff was pulled from the defendants’ vehicle by someone outside the car. We have studied the instructions which the court gave to the jury and the defendants’ proposed instructions which the court rejected. In our view, the court correctly charged the jury in accordance with applicable principles of the law of negligence.

The trial court has the responsibility of correctly instructing the jury regarding the law which is applicable to the facts of the case. Farnsworth v. Tampa Electric Co., 1911, 62 Fla. 166, 57 So. 233; Lynch v. McGovern, Fla.App.1972, 270 So. 2d 770.

In this case, the court instructed the jury using several of the recommended standard jury instructions which are applicable in a negligence case.

The Supreme Court Committee on Standard Jury Instructions which drafted the standard jury instructions approved by the Florida Supreme Court (See, In Re Standard Jury Instructions, Fla.1967, 198 So. 2d 319) specifically recommended that the charge on the subject of sudden emergency not be given.

In the committee’s opinion, the ordinary charge concerning reasonable care under the circumstances is broad enough to inform the jury of the applicable standard in an emergency situation. See, Standard Jury Instruction 4.8.

Also, the committee observed that a charge on intervening cause should be given only where the court concludes there is a jury issue as to the presence and effect of an intervening cause. See, Standard Jury Instruction 5.1(c) and Note on Use. This court has reviewed the record on appeal, and we conclude that this case was fairly and impartially tried and no reversible error has been shown.

Therefore, for the reasons stated, the judgment appealed is affirmed.

Affirmed.

. Stark was driving the automobile, owned by his father, the defendant Eugene Stark, which ran over the plaintiff Smith. Young Stark and Smith were friends and along with two other companions they had gone together to the bar to play pool.


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Citator

Cited By

  • Thundereal Corp. v. Sterling, 368 So. 2d 923 (Fla. 1st DCA 1979)
    …was correct. We are only concerned that there is a valid basis for the rejection. There was. “The trial court has the responsibility of correctly instructing the jury regarding the law which is applicable to the facts of the case.” Starke v. Smith, 310 So. 2d 334, 335 (Fla. 3d DCA 1975). “Opinion testimony of expert lawyers upon legal questions, other than that as to the law of another jurisdiction, or expert or nonexpert opinion generally, that amounts to a conclusion of law, cannot be properly received in…
  • In re the Est. of Lester Wartels v. Wartels, 338 So. 2d 48 (Fla. 3d DCA 1976)
    …). Settled law requires the trial court to fully and fairly instruct the jury on the issues in the cause, Ashland Oil, Inc. v. Pickard, 269 So. 2d 714, 722 (Fla.App.3d 1972), and regarding the law applicable to the facts of the case. Stark v. Smith, 310 So. 2d 334 (Fla.App.3d 1975). It is clear from the totality of the record on appeal in this case that the trial judge fully and fairly instructed the jury on the issues and on the applicable law, and no reversible error is shown in this regard. At this junctu…
  • Diggs v. State, 489 So. 2d 1228 (Fla. 5th DCA 1986)
    …e that the court did not err in giving the instruction, even over appellant’s objection. The state, like the defendant, is entitled to all applicable jury instructions. It is the court’s sole province to instruct the jury on the law. Stark v. Smith, 310 So. 2d 334 (Fla.3d DCA 1975). As to the sentence, the court departed from the recommended guideline sentence because: The victim presently lives in fear because of the defendant’s threats to do her bodily harm. His past history demonstrates his ability of ca…

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