Popejoy ex rel. Popejoy v. Harrison

615 So. 2d 823, 1993 Fla. App. LEXIS 2881, 1993 WL 74269

• Court: District Court of Appeal of Florida
• Decided: March 17, 1993
• Docket: No. 92-0639
• Status: Published

Opinions

PER CURIAM.

The appellant, Larry Popejoy, was riding his bicycle on a sidewalk when an automobile, which was pulling into a driveway, struck him. We hold that under the facts and circumstances of this negligence case the trial court erred in failing to give requested instructions encompassing the following two statutes: Section 316.130(15), Florida Statutes (1989),¹ and section 316.2065(10), Florida Statutes (1989).²

Accordingly, we reverse and remand for a new trial. See Sotuyo v. Williams, 587 So.2d 612 (Fla. 1st DCA 1991); Mathieu v. Schnitzer, 559 So.2d 1244 (Fla. 4th DCA), rev. dismissed, 570 So.2d 1306 (Fla.1990); Hammond v. Jim Hinton Oil Co., 530 So.2d 995 (Fla. 1st DCA 1988); see also Simmons v. Roorda, 601 So.2d 609 (Fla. 2d DCA 1992); Bradley v. Guy, 438 So.2d 854 (Fla. 5th DCA 1983).

REVERSED AND REMANDED.

STONE, J., and WALDEN, JAMES H., Senior Judge, concur. FARMER, J., concurs specially with opinion.

1 . Section 316.130(15), Florida Statutes (1989), provides as follows:

Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.

2 . Section 316.2065(10), Florida Statutes (1989), provides as follows:

A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.