Crislip v. Holland, 78-2788

Decision Date13 May 1981
Docket NumberNo. 78-2788,78-2788
PartiesMelissa E. CRISLIP, Appellant, v. James G. HOLLAND, City of Fort Pierce, and Florida Utilities Contractors, Inc., Appellees.
CourtFlorida District Court of Appeals

Larry Klein, and Cone, Owen, Wagner, Nugent, Johnson, Hazouri & Roth, P. A., West Palm Beach, for appellant.

Marjorie D. Gadarian of Jones & Foster, P. A., West Palm Beach, for appellees, City of Fort Pierce.

MOORE, Judge.

The plaintiff appeals a final summary judgment entered in a suit for damages arising out of an automobile accident. We reverse.

The plaintiff, Melissa Crislip, was a passenger in a van driven by one of the defendants, James Holland. Holland was driving west on Avenue M in Fort Pierce when he allegedly ran a stop sign and collided with another automobile. The van flipped on its side and landed next to a utility pole located at the southwest corner of the intersection of 21st Street and Avenue M. The pole was 10 feet 4 inches from the nearest edge of 21st Street and 14 feet 5 inches from the nearest edge of Avenue M. Crislip was thrown from the van and eventually landed against the utility pole. She was pinned between the pole and the van, and her leg was impaled on a metal spike protruding from the pole 18 inches from the ground.

Crislip sued Holland, the City of Fort Pierce and another defendant who is not a party to this appeal. Her complaint alleged that Holland negligently collided with another motor vehicle which resulted in her becoming pinned between Holland's motor vehicle and the utility pole, and her impalement on the spike located in that pole. She further alleged that the City of Fort Pierce placed the spike in the pole, negligently creating an unreasonable risk of injury to her.

The City of Fort Pierce moved for a summary judgment on the ground that Crislip's injury resulted from an independent, efficient cause which superseded the alleged negligent act or omission of the City. The deposition testimony submitted at the summary judgment hearing revealed that the City had placed the spike in the utility pole as a benchmark for surveying purposes. The City also admitted that the spike created somewhat of a safety hazard to passersby. The trial court granted the motion and the plaintiff appealed.

The reasonableness of the City's action in placing the benchmark spike in the utility pole is not at issue on this appeal. The trial court did not find, nor can the City claim, that there was an absence of a genuine factual issue regarding the reasonableness of the City's conduct. The sole question presented on this appeal is whether the injuries sustained by the plaintiff were a foreseeable consequence of the purportedly negligent acts of the defendant city. If the plaintiff's injuries were not a foreseeable consequence of the City's conduct, then the City cannot be held liable for such injuries irrespective of its own possible carelessness in placing the spike on the pole. On the other hand, if such injuries were foreseeable, then the City is liable for the injuries sustained by the plaintiff as a result of her impalement on the spike, even though the City's negligence might be considered slight in comparison to Holland's alleged erratic driving.

In order for injuries to be a foreseeable consequence of a negligent act, it is not necessary that the initial tortfeasor be able to foresee the exact nature and extent of the injuries or the precise manner in which the injuries occur. Rather, all that is necessary in order for liability to arise is that the tortfeasor be able to foresee that some injury will likely result in some manner as a consequence of his negligent acts. Leib v. City of Tampa, 326 So.2d 52 (Fla. 2nd DCA 1976); Broome v. Budget Rent-A-Car of Jax, Inc., 182 So.2d 26 (Fla. 1st DCA 1966); Railway Express Agency v. Brabham, 62 So.2d 713 (Fla.1952); 57 Am.Jur.2d, Negligence, § 157, pages 518-519. See also, Southern Express Co. v. Williamson, 66 Fla. 286, 63 So. 433 (1913).

An action for negligence is predicated upon the existence of a legal duty owed by the defendant to protect the plaintiff from an unreasonable risk of harm. The extent of the defendant's duty is circumscribed by the scope of the anticipated risks to which the defendant exposes others. In order to prevail in a lawsuit, the plaintiff must demonstrate that he is within the zone of risks that are reasonably foreseeable by the defendant. The liability of the tortfeasor does not depend upon whether his negligent acts were the direct cause of the plaintiff's injuries, as long as the injuries incurred were the reasonably foreseeable consequences of the tortfeasor's conduct. Concord Florida, Inc. v. Lewin, 341 So.2d 242 (Fla. 3rd DCA 1976). If the harm that occurs is within the scope of danger created by the defendant's negligent conduct, then such harm is a reasonably foreseeable consequence of the negligence. The question of foreseeability and whether an intervening cause is...

To continue reading

Request your trial
63 cases
  • Tieder v. Little
    • United States
    • Florida District Court of Appeals
    • January 6, 1987
    ...Enterprises of Florida, Inc. v. Keller, 439 So.2d 283, 286 (Fla. 3d DCA 1983), rev. denied, 450 So.2d 487 (Fla.1984); Crislip v. Holland, 401 So.2d 1115 (Fla. 4th DCA), rev. denied sub. nom, City of Fort Pierce v. Crislip, 411 So.2d 380 (Fla.1981). For example, it has been held that injurie......
  • Paterson v. Deeb
    • United States
    • Florida District Court of Appeals
    • June 12, 1985
    ...be able to foresee that some injury will likely result in some manner as a consequence of his negligent acts." Crislip v. Holland, 401 So.2d 1115, 1117 (Fla. 4th DCA 1981). Unquestionably, allegations that prior criminal acts had occurred in the vicinity is pertinent to determining foreseea......
  • Tallahassee Furniture Co., Inc. v. Harrison
    • United States
    • Florida District Court of Appeals
    • July 31, 1991
    ...be able to foresee that some injury will likely result in some manner as a consequence of his negligent acts." Crislip v. Holland, 401 So.2d 1115, 1117 (Fla. 4th DCA 1981). (emphasis in It would seem almost unnecessary in these times to require proof of the correlation between a person's hi......
  • Keene v. Chicago Bridge and Iron Co., 89-2542
    • United States
    • Florida District Court of Appeals
    • February 18, 1992
    ...DCA 1986); Self v. B & F Crane Service, Inc., 439 So.2d 930 (Fla. 3d DCA 1983), rev. denied, 450 So.2d 485 (Fla.1984); Crislip v. Holland, 401 So.2d 1115 (Fla. 4th DCA), rev. denied, 411 So.2d 380 (Fla.1981). The record in this case contains competent evidence to prove that it was foreseeab......
  • Request a trial to view additional results
1 books & journal articles

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT