PAULINE KANTOR
v.
CITY OF CORAL GABLES, A FLORIDA MUNICIPAL CORPORATION
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This case clarifies that a plaintiff must prove negligence for a personal injury claim arising from a bus accident, even if the bus was owned by the defendant and the plaintiff was a fare-paying passenger. The mere occurrence of an accident is insufficient without evidence of the defendant's fault.
No, the mere fact that an accident occurred and resulted in injury is not sufficient to establish a basis for recovery without showing facts that constitute negligence or from which negligence may be affirmatively assumed.
“The mere fact that an accident occurred resulting in injury without showing any facts constituting negligence, or from which negligence may be affirmatively assumed is not sufficient to constitute a basis for recovery.”
Establishes the legal standard for proving negligence in personal injury cases arising from accidents.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff was a fare-paying passenger on a bus owned by the defendant city. The bus collided with another vehicle, causing a sudden stop that thre…
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In an action for damages growing out of personal injury sustained by a passenger on a bus operated by defendant, the record shows that (1) the bus was owned by defendant; (2) that plaintiff was a passenger for hire on such bus; (3) that the bus came into collision with another motor driven vehicle and came to a sudden stop; (4) that plaintiff was, by the sudden stop, thrown off the seat which she was occupying and was thereby injured.
There is no evidence of any negligence on the part of the driver of the bus either at the time of the collision or at any time prior thereto. There is no evidence of any defect in the mechanical condition of the bus. Nor is there any evidence which would warrant the conclusion that the bus was handled in a careless or negligent manner or that the accident was caused by any mechanical defect in the bus.
The trial court directed a verdict in favor of defendant.
The mere fact that an accident occurred resulting in injury without showing any facts constituting negligence, or from which negligence may be affirmatively assumed is not sufficient to constitute a basis for recovery. See Southern Utilities Co. v. Matthews, 84 Fla. 30, 93 So. 188; Florida Motor Lines v. Ward, 102 Fla. 1105, 137 So. 163; Powell, et *524al., v. Wilson Lumber Co., 115 Fla. 16, 155 So. 116 and cases therein cited.
The judgment is without error and is affirmed.
So ordered.
BROWN, THOMAS and ADAMS, JJ., concur.
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Jacksonville Coach Co. v. Rivers, 144 So. 2d 308 (Fla. 1962)…te the judgment entered by the trial court. It is so ordered. ROBERTS, C. J., and THORNAL, O’CONNELL and HOBSON (Ret.), JJ., concur. . Rivers v. Jacksonville Coach Co., 134 So. 2d 869 (Fla.App.1st, 1961). . 325 So. 2d 128 (Fla.App.3rd, 1960). . 154 Fla. 523, 18 So. 2d 477 (1944). . Rogers v. Orlando Transit Co., 70 So. 2d 551, 552, 553 (Fla.1954). . Blackman v. Miami Transit Co., 125 So. 2d 128, 130 (Fla.App.3rd 1960). . Kantor v. City of Coral Gables, 154 Fla. 523, 18 So. 2d 477, 478 (1944). . Acc…1 / 2
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Nicholson v. City OF ST. Petersburg, 163 So. 2d 775 (Fla. 2d DCA 1964)…ment that the court erred in directing a verdict against her. These cases are Jacksonville Coach Company v. Rivers, Fla.1962, 144 So. 2d 308; Blackman v. Miami Transit Company, Fla. App.1960, 125 So. 2d 128; and Kantor v. City of Coral Gables, 1944, 154 Fla. 523, 18 So. 2d 477, together with several other cases setting out the law with reference to directed verdicts: Harper v. Mangel, Fla.App.1963, 151 So. 2d 346; and Farber v. Houston Corporation, Fla.App.1963, 150 So. 2d 732. For the purpose of clarifyin…
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Carlton v. Miami Transit Co., 147 So. 2d 581 (Fla. 3d DCA 1962)…a cause of action to a passenger on a common carrier. Some negligent act on the part of the carrier or its driver must be shown in order to give rise to a cause of action to a passenger for injuries sustained. See: , Kantor v. City of Coral Gables, 154 Fla. 523, 18 So. 2d 477; Jacksonville Coach Company v. Rivers, Fla. 1962, 144 So. 2d 308. This record failing to demonstrate any overt act or omission of the transit company’s employee, which would have constituted a breach of duty owed the passenger, the d…
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
- Fla. Motor Lines, Inc. v. Mollie Jane Ward, 102 Fla. 1105 (Fla. 1931)
- S. Utils. Co. v. Matthews, 84 Fla. 30 (Fla. 1922)
- Jewell Powell v. Wilson Lumber Co., 115 Fla. 13 (Fla. 1934)
- Lourcey v. Lourcey, 84 Fla. 30 (Fla. 1922)