HENRY V. CLIFTON AND DORCAS CLIFTON, HIS WIFE, APPELLANTS,
v.
CITY OF FT. PIERCE, FLORIDA, A MUNICIPAL CORPORATION, AND AETNA LIFE AND CASUALTY INSURANCE COMPANY, APPELLEES
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Henry and Dorcas Clifton appealed a summary judgment dismissing their negligence action against the City of Fort Pierce and its insurer for injuries sustained in a traffic accident allegedly caused by a malfunctioning traffic signal. The court affirmed the summary judgment, holding that municipalities are immune from liability for negligent performance of the governmental function of traffic control absent a direct transaction between a city officer and the plaintiff.
A city is not liable for injury allegedly arising from negligent performance of the governmental function of traffic control unless there was some direct transaction between a city officer and the plaintiff. Because the Cliftons' complaint did not allege such a direct transaction, summary judgment was proper.
[1] A municipality does not owe a duty to the public to maintain any particular type of traffic light at a given time or place.
[2] A traffic signal that causes a driver to stop is sufficient to warn of a dangerous intersection, precluding a claim for failure to warn.
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Join FLexlaw to unlock all legal intelligence“a city would be liable for an injury allegedly arising from negligent performance of the governmental function of traffic control only if there was some direct transaction between some city officer and the plaintiff”
Establishes the legal standard for municipal liability in traffic control negligence cases, citing City of Tampa v. Davis and Modlin v. City of Miami Beach
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Join FLexlaw to unlock all legal intelligenceThe Cliftons were involved in an automobile accident at an intersection in Fort Pierce when they entered on a green light and collided with another mo…
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[*196] DOWNEY, Judge.
This is an appeal from a summary judgment for the appellees City of Ft. Pierce and its insurance carrier, Aetna Life and Casualty Company, in an action for negligence arising out of the maintenance and operation of an automatic traffic signal in the City of Ft. Pierce.
The complaint alleged that appellants were involved in an automobile accident at an intersection in said city; that appellants entered the intersection on a green light and collided with another motorist who entered the intersection from an intersecting street; that said other motorist either had no lights showing on the traffic signal or he too had a green light; that the malfunctioning of said traffic control device was a result of the negligence of the appellees and as a result thereof appellants were severely injured. The complaint also charged that the city was under a statutory duty to furnish, operate, and maintain said traffic device. The trial court granted appellees’ motion and entered final summary judgment for appellees.
There is adequate precedential authority for the action taken by the trial judge. City of Tampa v. Davis, Fla.App.1969, 226 So. 2d 450, relying on Modlin v. City of Miami Beach, Fla.1967, 201 So. 2d 70, held that a city would be liable for an injury allegedly arising from negligent performance of the governmental function of traffic control only if there was some direct transaction between some city officer and the plaintiff. See too Mathews v. City of Tampa, Fla.App.1969, 227 So. 2d 211. In the present case appellants’ com plaint did not allege that there was any such direct transaction. Hence the summary final judgment for appellees was proper. Appellants rely heavily upon Shealor v. Ruud, Fla.App.1969, 221 So. 2d 765. We would distinguish that decision as holding that the city undertook to perform a duty which could have (or perhaps should have) been performed by the railroad company and thus in that situation the city was acting in its proprietary capacity. Thus, liability for negligence could and did attach.
Accordingly, since in the present case no liability could arise for the exercise of this governmental function in the factual situation alleged in the complaint, there was no genuine issue of fact, and summary judgment was appropriate.
Affirmed.
CROSS and MAGER, JJ., concur.
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Cheney v. Dade Cnty., 353 So. 2d 623 (Fla. 3d DCA 1977)…a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages.” [Emphasis added] . Gordon v. City of West Palm Beach, 321 So. 2d 78 (Fla. 4th DCA 1975); Clifton v. City of Ft. Pierce, 319 So. 2d 195 (Fla. 4th DCA 1975); Schmauss v. Snoll, 245 So. 2d 112 (Fla. 3d DCA 1971); Mathews v. City of Tampa, 227 So. 2d 211 (Fla. 2d DCA 1969); City of Tampa v. Davis, 226 So. 2d 450 (Fla. 2d DCA 1969). . Romish v. Albo, 291 So. 2d 24 (Fla. 3d DCA 1974); T…1 / 2
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Surette v. Galiardo, 323 So. 2d 53 (Fla. 4th DCA 1975)…rnmental function of operating a school bus transportation system. Cf. Gordon v. City of West Palm Beach, Fourth District Court of Appeal, 321 So. 2d 78 opinion filed October 10, 1975; Clifton v. City of Fort Pierce, Fourth District Court of Appeal, 319 So. 2d 195 opinion filed September 12, 1975. It is important to point out, that our determination that the operation of a school bus transportation system falls within the category of subjects for which the purchase of liability insurance would constitute the…
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Kubalski v. Seaboard Coast Line R.R. Co., 321 So. 2d 86 (Fla. 4th DCA 1975)…ty of Bartow, 68 So. 2d 385 (Fla.1953); Avcy v. City of West Palm Beach, 152 Fla. 717, 12 So. 2d 881 (1943); Gordon v. City of West Palm Beach, 4th DCA Fla., 321 So. 2d 78, opinion filed October 10, 1975; Clifton v. City of Ft. Pierce, 4th DCA Fla., 319 So. 2d 195, opinion filed September 12, 1975; City of Tampa v. Davis, 226 So. 2d 450 (2nd DCA Fla.1969); Raven v. Coates, 125 So. 2d 770 (3rd DCA Fla.1961). WALDEN, C. J., and CROSS and OWEN, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Modlin v. The City OF Miami Beach, 201 So. 2d 70 (Fla. 1967)
- The City OF Tampa v. Davis, 226 So. 2d 450 (Fla. 2d DCA 1969)
- Mathews v. The City OF Tampa, 227 So. 2d 211 (Fla. 2d DCA 1969)
- City OF Coral Gables v. Metro. Dade Cnty., 221 So. 2d 765 (Fla. 3d DCA 1969)
- Shealor v. Ruud, 221 So. 2d 765 (Fla. 4th DCA 1969)