Adoptie By and Through Adoptie v. Southern Bell Tel. and Tel. Co., s. 82-829
| Decision Date | 08 February 1983 |
| Docket Number | Nos. 82-829,82-830,s. 82-829 |
| Citation | 426 So.2d 1162 |
| Parties | Steven Francisco ADOPTIE, a minor, By and Through his mother and next friend, Marlene ADOPTIE, and Marlene Adoptie, individually, Appellants, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, and Florida Power and Light Company, Appellees. |
| Court | Florida District Court of Appeals |
Horton, Perse & Ginsberg and Edward Perse, Lawrence Rodgers, Miami, for appellants.
Shutts & Bowen and Phillip J. Sheehe and Andrew L. Gordon; Steel, Hector & Davis and Norman A. Coll and Andrew E. Grigsby, Miami, for appellees.
Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.
Adoptie was injured in an intersection accident which was allegedly caused by the inoperability of the traffic light. He sued Florida Power & Light and Southern Bell asserting that the defect resulted from the fact that, some time before, the work crews of either or both negligently cut the power line which supplied electricity to the signal. We affirm the dismissal of the complaint as against the appellees on the ground that their alleged conduct was, as a matter of law, not a legal cause of the plaintiff's damages. Pope v. Pinkerton-Hays Lumber Co., 120 So.2d 227 (Fla. 1st DCA 1960), cert. denied, 127 So.2d 441 (Fla.1961); Cone v. Inter County Tel. & Tel. Co., 40 So.2d 148 (Fla.1949).
Affirmed.
I write to make it clear that my concurrence is based on the fact that any negligence on the part of the appellees was not a proximate cause of appellant's injuries because the authorities charged with maintenance of the light, see § 316.006, Fla.Stat. (1979), had actual or constructive notice that the power line had been cut and a period of about forty days passed before the accident in question occurred.
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Florida Power & Light Co. v. Goldberg
...are applicable to the original act of negligence by a utility company's disabling a traffic signal. In Adoptie v. Southern Bell Tel. & Tel. Co., 426 So.2d 1162 (Fla. 3d DCA 1983), a utility company was not held liable for injuries sustained due to an inoperable traffic signal to a motorist ......
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Levy v. Florida Power & Light Co.
...304 (Fla. 3d DCA 1989); Derrer v. Georgia Elec. Co., 537 So.2d 593 (Fla. 3d DCA 1988). Adoptie By and Through Adoptie v. Southern Bell Telephone & Telegraph Co., 426 So.2d 1162 (Fla. 3d DCA 1983), was a case where the plaintiff alleged that an inoperable traffic light caused an intersection......
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Palm Beach-Broward Medical Imaging Center, Inc. v. Continental Grain Co.
...rev. dismissed, 541 So.2d 612 (Fla.1989); Derrer v. Georgia Elec. Co., 537 So.2d 593 (Fla. 3d DCA 1988); Adoptie v. Southern Bell Tel. and Tel. Co., 426 So.2d 1162 (Fla. 3d DCA 1983). In Arenado, the power company's transmission light went down and interrupted the flow of electricity to the......
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Logan v. Phillips, s. 65071
...we have found several cases from other jurisdictions which are instructive. In Adoptie v. Southern Bell Telephone and Telegraph Co. and Florida Power and Light Co., 426 So.2d 1162, 1163 (Fla.App.1983), Adoptie was injured in an intersection accident which was allegedly caused by the inopera......