Clark v. Polk County

753 So. 2d 138, 2000 WL 139757
CourtDistrict Court of Appeal of Florida
DecidedFebruary 9, 2000
Docket2D97-4798
StatusPublished
Cited by4 cases

This text of 753 So. 2d 138 (Clark v. Polk County) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. Polk County, 753 So. 2d 138, 2000 WL 139757 (Fla. Ct. App. 2000).

Opinion

753 So.2d 138 (2000)

Suzanne E. CLARK, as Personal Representative of the Estate of Jane Hargraves, Deceased, Appellant,
v.
POLK COUNTY, a subdivision of Florida; Ronald E. Hargraves; and Springer Motor Co., Inc., a Florida corporation, Appellees.

No. 2D97-4798.

District Court of Appeal of Florida, Second District.

February 9, 2000.
Rehearing Denied March 8, 2000.

*139 John W. Frost, II, and Mark A. Sessums of Frost, O'Toole & Saunders, P.A., Bartow, for Appellant.

Hank B. Campbell and Christine C. Daly of Lane, Trohn, Bertrand & Vreeland, P.A., Lakeland, for Appellee Polk County.

Sylvia A. Grunor of Calvin, Grunor & Finch, P.A., Orlando, for Appellees Hargraves and Springer Motor Co.

NORTHCUTT, Judge.

The estate of Jane Hargraves filed a wrongful death action following her demise in an intersection collision. In this appeal the estate challenges defense judgments based variously on a directed verdict in favor of Polk County and on jury verdicts in favor of Ronald Hargraves and Springer Motor Company. We affirm the judgment in favor of Mr. Hargraves and Springer Motor Company. We conclude the trial court should not have directed a verdict for Polk County, and we reverse the judgment in its favor. In addition, because we remand this case for retrial, we have examined the trial court's determination that the jury would be instructed to apportion Polk County's fault with that of an unknown tortfeasor. We hold the evidence was insufficient to support the ruling.

Early one morning in November 1993, Mrs. Hargraves was a passenger in a rental car driven by her husband, Ronald Hargraves. They traveled south on Power Line Road in Polk County. As their vehicle passed through the intersection of Power Line Road and County Road 580, it was broadsided from the right by an eastbound bread truck. Mrs. Hargraves suffered fatal injuries in the collision.

The personal representative of Mrs. Hargraves's estate, Suzanne Clark, filed a negligence suit against Polk County, Mr. Hargraves, Springer Motor Company, which owned the rental car, and Lawrence Mercer and Interstate Brands Corporation, respectively the driver and the owner of the bread truck. Mercer and Interstate Brands settled with the estate and are not parties to this appeal.

At trial the estate introduced evidence that on the evening prior to the accident, a passerby who lived near the intersection noticed that the stop sign controlling the southbound lane of Power Line Road was missing. The man testified that he reported this by calling Polk County on the 911 emergency line. The stop sign had not been restored when Mr. and Mrs. Hargraves ventured through the intersection roughly 12 to 14 hours later. An accident investigator later discovered tire tracks over the spot where the stop sign had stood, and he observed that its post had been sheared near the ground.

This intersection was known to be very dangerous. In addition to the stop sign that was usually present, the southbound lane of Power Line Road contained other devices meant to warn approaching motorists of the hazardous crossroads. These included eight sets of rumble strips which began 743 feet north of the intersection and a "stop ahead" sign positioned 385 feet north of the intersection. Also, a double *140 yellow line was painted down the center of Power Line Road beginning some distance to the intersection's north.

Although Mr. Hargraves survived the accident, he had no memory of it. He was unable to say whether he appreciated or heeded the other warning devices. A motorist who was approaching the intersection from the south testified that she observed the Hargraves vehicle as it entered the intersection, and that it did not slow down. The Florida Highway Patrolman who investigated the accident found no skid marks or other indications that either vehicle swerved or braked to avoid the collision.

The estate's accident reconstruction expert attributed the accident to the absence of the stop sign. He testified that the speed limit for the bread truck was 45 miles per hour, and that it was traveling approximately 50 to 55 miles per hour at the time of the collision. The speed limit for the Hargraves vehicle was 50 miles per hour, and its speed was 40 to 50 miles per hour. The expert noted that there were trees on the northwest corner of the intersection, restricting the drivers' respective fields of view. The earliest moment that the drivers could have seen each other was two seconds before the impact, and the normal human reaction time was 1.5 seconds. Therefore, according to the expert, even assuming that either driver had seen the other vehicle at the earliest opportunity, he would have had only half a second to attempt to avoid the collision.

At the close of the estate's case, Polk County obtained a directed verdict based on its assertion that, especially given Mr. Hargraves's failure to heed the other warning devices, it could not be proved that the absence of the stop sign proximately caused the accident. At the same time, the trial court denied the estate's motion for a directed verdict on the issue of Mr. Hargraves's liability and, vicariously, that of Springer Motor. The cases against those defendants were submitted to the jury, which found no liability on the part of either.

We hold that Polk County was not entitled to a directed verdict. The question of proximate causation ordinarily must be resolved by the trier of fact from all the facts and circumstances in a particular case. See Florida Power & Light Co. v. Periera, 705 So.2d 1359 (Fla.1998). Nevertheless, the County argues in part that it could not be foreseen that a driver would fail to see the intersection even in the absence of a stop sign. The issue of foreseeability as it relates to proximate causation may be decided as a matter of law only if, after the event and looking back from the harm to the actor's negligent conduct, it appears to the court highly extraordinary that the conduct should have brought about the harm. See McCain v. Florida Power Corp., 593 So.2d 500, 504 (Fla.1992) (quoting Restatement (Second) of Torts, § 435(2)(1965)). The issue may be decided by the court only where no reasonable person could differ in concluding the accident was unforeseeable. See Springtree Properties, Inc. v. Hammond, 692 So.2d 164, 167 (Fla.1997).

In this regard the County relies heavily on Derrer v. Georgia Electric Co., 537 So.2d 593 (Fla. 3d DCA 1988), which involved a collision in an intersection at which the traffic light was inoperable. There, the trial court granted the defendant electric company a judgment notwithstanding the verdict. The Third District affirmed, reasoning that in the range of ordinary human experience an inoperable traffic light does not cause automobile drivers to miss seeing the entire intersection where the light is located. Thus, the court concluded that the accident was not a foreseeable consequence of the electric company's negligence. Id. at 594.

In terms of foreseeability, however, there is a significant difference between Derrer and this case. The presence of a traffic signal, even if it is inoperable, alerts the driver that he is approaching a controlled intersection, whereas a downed *141 stop sign conveys no information whatever. Although it may not be foreseeable that a driver approaching a dark traffic light would proceed into the intersection with no or little heed, it is foreseeable that a motorist would proceed in the complete absence of any control device instructing him to do otherwise.

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Cite This Page — Counsel Stack

Bluebook (online)
753 So. 2d 138, 2000 WL 139757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-polk-county-fladistctapp-2000.