BILLIE NEWSOME, APPELLANT,
v.
ST. PAUL FIRE AND MARINE INSURANCE COMPANY, A CORPORATION, AND PATRICIA B. MESSING, APPELLEES
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.
Billie Newsome was struck by a vehicle while attempting to push Patricia Messing's car out of traffic after it rolled into the street. The trial court directed a verdict against Newsome, but the appellate court reversed, holding that the rescue doctrine applied and the evidence presented a jury question on the defendant's negligence, the peril to Messing's car, and the reasonableness of Newsome's rescue attempt.
The appellate court reversed the directed verdict, holding that the rescue doctrine applied and that the evidence presented sufficient jury questions regarding whether Messing was negligent, whether her car was in imminent peril, and whether Newsome acted reasonably in attempting the rescue.
[1] The rescue doctrine applies when a person is injured while reasonably undertaking a necessary rescue from a peril created by another's negligence.
[2] For the rescue doctrine to apply, the defendant must have been negligent, the person or property to be rescued must have been in imminent peril, and the rescuer must have…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The rescue doctrine, . . . generally is that one who is injured in reasonably undertaking a necessary rescue, may recover for his personal injuries from the person whose negligence created the peril necessitating the rescue.”
Establishes the legal standard for the rescue doctrine applicable to Newsome's injury
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn September 9, 1974, at approximately 10:30 p.m., Messing parked her car in front of the Surf Club and went inside. Shortly thereafter, her car rolle…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Rescue Doctrine cases and more on FLexlaw
OTT, Judge.
The court below entered a directed verdict and final judgment against the plain tiff/appellant and in favor of defendant/appellee. We reverse.
At about 10:30 p. m. on September 9, 1974 appellee/Messing parked her car in front of the Surf Club on Estero Boulevard in Ft. Myers Beach. There was evidence that Messing had consumed a “few” drinks in the midafternoon and an undetermined number of drinks before dinner that evening — in total more than three but less than ten. Almost immediately upon entering the Surf Club she was advised that her car had rolled out into Estero Blvd. Just after Messing entered the Surf Club, Stearns, operating his vehicle on Estero Blvd., noticed the Messing vehicle in the “middle of the street” blocking an entire lane of traffic. He brought his own vehicle to a stop off the street and entered the Surf Club to attempt to find the owner of the car. Howell, an acquaintance of Messing, secured Messing’s keys and he and Stearns returned to the car to remove it from the middle of the street.
The appellant — who lived across the street from the Surf Club — was walking on the opposite side of Estero Blvd. when he noticed the appellee’s vehicle drift into the road. He then noticed Stearns and Howell exit the Surf Club and attempt to push the motor vehicle (even though Howell had the keys) off Estero Blvd. which he knew to be heavily traveled. The appellant went to help. As he and the two others were pushing the car a passing vehicle struck him.
An expert testified that a car in the park position would move “very little”, i. e., a “couple of inches . . . just what slack there is in the gears.” He testified that he had never seen a car placed in the park position “pop” out of the park position on its own. He also stated that a 1968 Ford such as the Messing vehicle could, on occasion, require additional upward force on the automatic transmission lever to activate the neutral safety switch in order to start the machine. Since Howell did not testify, it was not established whether Howell tried to start the car and was unsuccessful or merely decided to push the car at the outset. All Stearns testified to in this regard was that Howell had taken the appellee’s car “out of gear” before they started to push it. There was no testimony of any defect or problem with the automobile.
The rescue doctrine is applicable. In Perotta v. Tri-State Insurance Company, 317 So. 2d 104, 105 (Fla. 3d DCA 1975) the rescue doctrine was defined:
The rescue doctrine, . . . generally is that one who is injured in reasonably undertaking a necessary rescue, may recover for his personal injuries from the person whose negligence created the peril necessitating the rescue.
See Rose v. Peters, 82 So. 2d 585 (Fla.1955). For the rescue doctrine to come into play the defendant must have been negligent, the person (or property) to be rescued must have been in imminent peril, and the rescuer must have acted reasonably. Without definitively answering any of these questions with reference to the facts of the instant case, we hold that the proof adduced by appellant clearly presents a jury question. Where there is any evidence upon which a jury could lawfully find for the movant’s adversary, a verdict should not be directed. Jones v. Smith, 279 So. 2d 343 (Fla. 4th DCA 1973); See Tropeano v. Matthews, 281 So. 2d 251 (Fla. 4th DCA 1973). The evidence falls within this standard.
The final judgment is set aside and the case is remanded for a new trial consistent with this opinion.
GRIMES, Acting C. J., and RYDER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Reeves v. N. Broward Hosp. Dist., 821 So. 2d 319 (Fla. 4th DCA 2002)…person (or property) to be rescued must have been in imminent peril, and the rescuer must have acted reasonably. See Oscar Klein Plumbing & Heating v. Boyd, 461 So. 2d 221, 222 (Fla. 4th DCA 1984) (quoting Newsome v. St. Paul Fire & Marine Ins. Co., 350 So. 2d 825, 826 (Fla. 2d DCA 1977)). The basic precept of the “rescue doctrine” is that the person who has created a situation of peril for another will be held in law to have caused peril not only to the victim, but also to his rescuer, and thereby to have c…
-
The City OF Hialeah v. Rehm, 455 So. 2d 458 (Fla. 3d DCA 1984)…h DCA 1981); Kilbum v. Davenport, 286 So. 2d 241 (Fla. 3d DCA 1973). Where there is any evidence upon which a jury could lawfully find for the movant’s adversary, a verdict should not be directed. Newsome v. St. Paul Fire & Marine Insurance Company, 350 So. 2d 825 (Fla. 2d DCA 1977). The ultimate question then is whether there was any evidence upon which a jury could have lawfully found a verdict for defendants. Martin v. Thompson, 124 So. 2d 744 (Fla. 3d DCA 1960). The record reveals testimony concerning th…
-
Menendez v. W. Gables Rehab. Hosp., LLC, 123 So. 3d 1178 (Fla. 3d DCA 2013)…CA 2002); Schwartz v. Hughes Supply, Inc., 537 So. 2d 190 (Fla. 2d DCA 1989); Zwinge v. Hettinger, 530 So. 2d 318 (Fla. 2d DCA 1988); Ryder Truck Rental Inc. v. Korte, 357 So. 2d 228 (Fla. 4th DCA 1978); Newsome v. St. Paul Fire and Marine Ins. Co., 350 So. 2d 825 (Fla. 2d DCA 1977). I would reverse.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Perotta v. Tri-State Ins. Co., 317 So. 2d 104 (Fla. 3d DCA 1975)
- Rose v. Peters, 82 So. 2d 585 (Fla. 1955)
- Winfred Jones v. Smith, 279 So. 2d 343 (Fla. 4th DCA 1973)
- Tropeano v. Matthews, 281 So. 2d 251 (Fla. 4th DCA 1973)