RAYMOND L. YOUNG AND JACQUELINE YOUNG, APPELLANTS (PLAINTIFFS),
v.
GIBBS SANITATION SERVICE, INC., AND LIBERTY MUTUAL INSURANCE COMPANY, APPELLEES (DEFENDANTS)
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Summary judgment for defendant garbage truck operator affirmed where plaintiff's motorcycle struck the stopped truck on a clear day with unobstructed visibility from 200 feet, and no statutory requirement mandated flashing lights.
A garbage truck operator is not liable for injuries caused by a motorcycle striking its rear when the truck was properly positioned adjacent to the curb with clear visibility from 200 feet on a clear day, regardless of whether flashing lights were operating.
[1] No statutory requirement mandates that a garbage truck operating on a roadway have flashing lights in operation.
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Join FLexlaw to unlock all legal intelligenceRaymond Young drove his motorcycle into the rear of a stopped garbage truck owned by Gibbs Sanitation Service. Young claimed the truck's flashing ligh…
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MILLS, Judge.
This appeal questions the correctness of a summary judgment rendered in favor of appellees.
An examination of the record on appeal conclusively establishes the absence of any genuine triable issue of a material fact and that appellees are entitled to judgment as a matter of law.
Raymond Young was injured when he drove his motorcycle into the rear of a stopped garbage truck owned and operated by appellee Gibbs Sanitation Service, Inc. Young contends there is a dispute as to whether the truck’s flashing lights were in operation and whether Gibbs’ driver negligently stopped the truck on the traveled surface, of the road when it was practical to pull the truck off.
Assuming there is a dispute as to whether the truck’s flashing lights were in operation, there is no statutory requirement that they be in operation.
The photographs taken at the scene immediately following the accident clearly show that the truck was stopped adjacent to the curb, in the parking area, with an unobstructed width of the highway opposite it left for free passage of other vehicles, and a clear view of it available from a distance of at least two hundred feet in each direction.
On a clear day, with an unobstructed view, the plaintiff ran into the truck which was properly stopped on the roadway.
Accordingly, the judgment appealed is affirmed.
McCORD, Acting C. J. and SMITH, J., concur.
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Jodie Armstrong and Catherine Armstrong v. S. Bell Tel. & Tel. Co., 366 So. 2d 88 (Fla. 1st DCA 1979)…tions are not here material. . Regarding the concession that there has been no invasion of privacy under present law, no constitutional attack has been presented directed toward the relevant statutes. . See Young v. Gibbs Sanitation Service, Inc., 328 So. 2d 857, (Fla. 1st DCA 1976), cert. denied, 342 So. 2d 1105 (Fla.1977). . Bixler v. Hiiie, 80 Wash.2d 668, 497 P. 2d 594 (Wash.1972); People v. Schneider, 45 Misc.2d 680, 257 N.Y.S.2d 876 (Sup.Ct.1965); United States v. Giordano, 416 U.S. 505, 553, 94 S.Ct…