DANIEL FERRI, AS PERSONAL REPRESENTATIVE OF THE ESTATES OF HELEN FERRI AND ANTHONY J. FERRI, SR., APPELLANT,
v.
CITY OF GAINESVILLE, A MUNICIPAL CORPORATION, ROYAL GLOBE INSURANCE COMPANY, A FOREIGN CORPORATION, ET AL., APPELLEES
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This case involves a wrongful death action arising from a fatal traffic accident at an intersection controlled by a traffic light. The appellate court affirmed the dismissal of all claims against the City of Gainesville, Alachua County, and the Department of Transportation, holding that the defendants had no actionable duty to maintain any particular type of traffic control device.
No. The court held that neither the City, County, nor State has a duty to maintain any particular type of traffic light at a given time or place. Because the flashing red and yellow lights were sufficient to warn the victims and caused their vehicle to stop completely, no violation of a duty to warn of a dangerous intersection occurred.
[1] A municipality's duty to maintain traffic signals does not extend to ensuring a specific type of signal is in place at all times.
[2] A traffic signal that causes a driver to stop is sufficient to warn of a dangerous intersection, negating a claim of failure to warn.
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Join FLexlaw to unlock all legal intelligence“A person does not have the right to require the city, county or the state to maintain any particular type of traffic light at a given time or place.”
Establishes the fundamental legal principle that governments have no duty to maintain specific traffic control devices
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Join FLexlaw to unlock all legal intelligenceAnthony J. Ferri, Sr. and Helen Ferri were killed when their car was struck by a truck at a highway intersection near Gainesville. The intersection wa…
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MELVIN, Judge.
Anthony J. Ferri, Sr. and Helen Ferri were killed at a highway intersection when a truck collided with the car in which they were riding. The accident occurred in Ala-chua County near the City of Gainesville. By agreement the City had assumed responsibility for maintenance of the traffic light at the intersection.
The personal representative of the Ferris’ estates filed six suits, and now appeal from the orders that granted motions to dismiss with prejudice as to each defendant. The suit against the City of Gainesville was dismissed for failure of the plaintiff to state a cause of actionable negligence. The suit against Alachua County was dismissed for failing to state a cause of action for actionable negligence and the Department of Transportation was dismissed on the ground that residual sovereign immunity had not, by statute, been waived.
It is not necessary that we deal with the doctrine of sovereign immunity. Each com plaint falls for failure to state a claim against the named defendant for actionable negligence.
The traffic intersection where the accident occurred had been controlled by a traffic light that for a number of seconds reflected a red, then a yellow, and then a green light. The traffic light became inoperative and the City of Gainesville undertook to repair the same. During the repair period, a decision was made to set the traffic light to flash a continuous red light in the direction being approached by the victims’ automobile, and a flashing yellow light in the direction the truck was approaching. The victims in this accident approached the intersection, and came to a complete stop. Then, for some reason not reflected here, they proceeded into the intersection and in front of the truck.
The traffic signals had obviously served their purpose. They were sufficient to warn and to cause the person driving the Ferri automobile to come to a complete stop. Therefore, it may not be said that either defendant violated a duty to warn the victims of a dangerous intersection. A person does not have the right to require the city, county or the state to maintain any particular type of traffic light at a given time or place. See Commercial Carrier Corp. v. Indian River Cty., 342 So. 2d 1047 (Fla. 3d DCA 1977), and Section 316.133, Florida Statutes (1975).
Each final judgment appealed from is AFFIRMED.
BOOTH, J., concurs.
SMITH, Acting C. J., dissents, without opinion.
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