VERTA FERNANDEZ, APPELLANT,
v.
OVIDIO EDMUND KABA ET AL., APPELLEES
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The court held that the defendant driver was not guilty of actionable negligence, affirming the summary final judgment.
The plaintiff emerged mid-block near parked cars to cross the street and was struck by the defendant's automobile. The plaintiff did not see the car, …
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PER CURIAM.
The plaintiff, Verta Fernandez, appeals a summary final judgment in her action for personal injuries. The uncontroverted evidence is that the plaintiff emerged at mid-block near parked cars to cross Flagler Street in Miami and was struck by the defendant’s automobile. The deposition of the plaintiff revealed that she could not remember much about what happened. She did not see the approaching automobile.
Eyewitnesses could not add much to the facts except that one of them stated that the plaintiff hurriedly stepped out from between parked vehicles. The defendant testified on deposition that he could not avoid the accident even though he applied his brakes as soon as he saw the plaintiff.
It affirmatively appears without genuine issue of material fact that the defendant driver was not guilty of actionable negligence. See Swift v. Century Insurance Company of New York, 264 So. 2d 88 (Fla.3d DCA 1972); and Gates v. Fien, 219 So. 2d 477 (Fla.3d DCA 1969). See also Preger v. Gomory, 55 So. 2d 541 (Fla.1951); Bell v. A. A. Holiday Rent-A-Car, Inc., 304 So. 2d 535 (Fla.3d DCA 1974); and Jackson v. Haney, 124 So. 2d 719 (Fla.2d DCA 1960).
Affirmed.
KEHOE, J., dissents.
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Riley v. Willis, 585 So. 2d 1024 (Fla. 5th DCA 1991)…child in Preger v. Gomory, 55 So. 2d 541 (Fla.1951) because the driver, who was properly operating her vehicle, never saw the child, who apparently darted out into traffic from between parked cars. A similar situation occurred in Fernandez v. Kaba, 360 So. 2d 34 (Fla. 3d DCA 1978), cert. denied, 367 So. 2d 1123 (Fla.1979) when a pedestrian hurriedly stepped out into traffic from between two parked cars and was hit. The driver testified that he could not avoid the accident even though he braked as soon as he…
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Bilams v. Metro. Transit Auth., 371 So. 2d 693 (Fla. 3d DCA 1979)…77 (Fla. 3d DCA 1979). This is most assuredly not one of those extremely rare cases. Reversed and remanded. . The testimony is in conflict as to which of the three lanes the bus was occupying. . The appellee cites such cases as Fernandez v. Kaba, 360 So. 2d 34 (Fla. 3d DCA 1978), and Bell v. A.A. Holiday Rent-A-Car, Inc., 304 So. 2d 535 (Fla. 3d DCA 1974). These decisions, which involve situations in which a jaywalking pedestrian so suddenly appears in front of a driver that he has no reasonable opportuni…
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Smith v. Town OF Golden Beach, 403 So. 2d 1346 (Fla. 3d DCA 1981)…Fla.3d DCA 1979) (dispute of whether probationary officers who may be fired without cause and assignment of reasons had procedural rights under collective bargaining agreement was subject to grievance-arbitration procedure); Archer v. City of Miami, 360 So. 2d 34 (FIa.3d DCA 1978) (probationary police lieutenant could be reduced in rank upon notice). In light of the past practice of excluding probationary policemen from procedural rights accorded permanent employees, we cannot conclude that the legislature i…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Preger v. Gomory, 55 So. 2d 541 (Fla. 1951)
- Jackson v. Haney, 124 So. 2d 719 (Fla. 2d DCA 1960)
- Milo Bell v. A. A. Holiday Rent-A-Car, Inc., 304 So. 2d 535 (Fla. 3d DCA 1974)
- Swift v. Century Ins. Co. OF NEW York & Roselyn A. Gillingham, 264 So. 2d 88 (Fla. 3d DCA 1972)
- Gates v. Fien, 219 So. 2d 477 (Fla. 3d DCA 1969)