Dade County Metropolitan Transit Authority v. Even, 71--1349
| Decision Date | 30 May 1972 |
| Docket Number | No. 71--1349,71--1349 |
| Citation | 262 So.2d 685 |
| Parties | DADE COUNTY METROPOLITAN TRANSIT AUTHORITY and Raymond Abernathy, Appellants, v. Peter EVEN, Appellee. |
| Court | Florida District Court of Appeals |
Sam Daniels, John E. Finney, Miami, for appellants.
Eidelstein & O'Neil, Miami Beach, for appellee.
Before CHARLES CARROLL, HENDRY and HAVERFIELD, JJ.
The appeal herein is by the defendant-appellant, Dade County Metropolitan Transit Authority and Raymond Abernathy, from a final judgment entered on a jury verdict in favor of plaintiff-appellee in an automobile negligence action.
A review of the record on appeal shows that the accident involving a Metro bus and a motorcycle occurred at the intersection of S.W. 107th Avenue and North Kendall Drive. The bus was traveling South on 107th Avenue and the appellee was headed East on Kendall. The bus was stopped at the intersection for a red light behind a dump truck. When the light turned green the bus proceeded South on 107th Avenue behind the truck which slowly moved through the intersection making a left turn on Kendall. Plaintiff testified he was traveling East on Kendall and that he slowed down for the red light but accelerated when the light turned green. The bus driver stated he never saw the motorcycle and plaintiff testified he did not see the dump truck and only saw the bus when it was entering Kendall's left (North) lane past the median strip. A collision resulted and at trial the jury awarded $18,000 to plaintiff but the trial judge entered a remittitur reducing the judgment to $9,000.
Appellant-defendant contends that under Florida law the verdict is contrary to the manifest weight of the evidence regarding both negligence and contributory negligence.
From all the testimony, including that of the bus driver, the dump truck driver, and the passengers in the bus, the record shows no conflict or question that the bus entered the intersection on a green light. Plaintiff's counsel, in closing argument, admitted that the bus entered the intersection on the green light but based his whole case on the theory that the light changed to red before the bus had cleared the intersection. Under this set of facts the law is clear that when a vehicle enters an intersection with a favorable traffic signal it has the right of way. MacNeill v. Neal, Fla.App.1971, 253 So.2d 263.
The bus was lawfully in the intersection when the traffic light changed giving the vehicles on Kendall the...
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Metropolitan Dade County v. Colina
...but that did not relieve Mr. Colina of his duty to proceed with due care to avoid a collision. See Dade County Metropolitan Transit Authority v. Even, 262 So.2d 685 (Fla. 3d DCA 1972); Gordon's Tractor Service, Inc. v. Bilello, 336 So.2d 1208 (Fla. 2d DCA 1976); MacNeill v. Neal, 253 So.2d ......
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Homburg v. Knipmeyer, s. 79-2092
...was entered. The court found no evidence of negligence and concluded the case was nearly identical to Dade County Metropolitan Transit Authority v. Even, 262 So.2d 685 (Fla.3d DCA 1972). In Metropolitan Transit, a bus was stopped at a red light behind a dump truck. The dump truck proceeded ......
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Weeks v. Ranson, 81-232
...and confusing. She also argues that the court erred in not giving an instruction based on Dade County Metropolitan Transit Authority v. Even, 262 So.2d 685 (Fla. 3d DCA 1972). We affirm the final judgment because we find no error in the court's The testimony at trial given by Weeks was that......