Joyner v. Anderson Columbia, Co., Inc., No. 1D07-6109.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | Hawkes |
| Citation | 988 So.2d 60 |
| Parties | Melissa JOYNER, Appellant, v. ANDERSON COLUMBIA, CO., INC., a Florida profit corporation, and Columbia County, Appellees. |
| Decision Date | 11 July 2008 |
| Docket Number | No. 1D07-6109. |
v.
ANDERSON COLUMBIA, CO., INC., a Florida profit corporation, and Columbia County, Appellees.
Eric S. Block and Gregory Lineberry, Jacksonville, for Appellant.
Sammy Lanier of Dore Lanier & Phillips, a Chartered Law Firm, Jacksonville, for Appellee Anderson Columbia Company, Inc.; Carr Allison, Harold R. Mardenborough, Jr., and Jason Taylor, Tallahassee, for Appellee Columbia County.
HAWKES, J.
Appellant challenges the trial court's order granting summary judgment in her negligence case. Because we conclude the evidence permitted different reasonable inferences, we reverse.
This case involves a single vehicle accident, which resulted in death. It was tried with another case, which also involved a single vehicle accident resulting in death. Both accidents occurred at the same intersection within a 12 hour period. The intersection was undergoing construction. At issue was whether the stop sign placement at the intersection was proper.
The facts common to both cases show the stop sign post was broken off at the
bottom, and had been placed back in the ground. Although the post was replaced after the second accident, it was unknown as to whether the sign was broken before the first accident, and it was clearly broken at the time of the second accident. The broken post made the stop sign too low and its low height was a reason to replace the sign. The stop sign was replaced three times over the weekend the accidents occurred. There was evidence that at the time of the first accident, the stop sign was placed approximately 8 feet from the side of the road, and evidence that at the time of the second accident, the sign was placed 18 feet from the side of the road. The common evidence was that the sign had never been moved from its original location.
The trial court entered summary judgment, concluding the stop sign was properly placed and clearly visible at the time of both accidents, and there was no evidence of negligence. However, to reach its conclusions, the trial court had to weigh the evidence and make inferences.
Clearly, from the evidence presented, it could be inferred that the sign was broken, was too low, and was placed too far (18 feet) from the side of the road at the time of both accidents. It could also be inferred that the stop sign, being too low and too far, was not clearly visible.
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Thomas v. Eckerd Drugs, No. 1D07-5905.
...or tends to prove the issues, it should be submitted to the trier of fact. See generally Joyner v. Anderson Columbia, Co., Inc., 988 So.2d 60, 60-61, 2008 WL 2695138, at *1 (Fla. 1st DCA 2008); Aberdeen at Ormond Beach, L.P., 760 So.2d at 130; Schneider v. City of Jacksonville, 933 So.2d 60......
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St. Onge v. White, No. 1D07-5763.
...July 11, 2008. Rehearing Denied August 20, 2008. An appeal from the circuit court for Alachua County. Robert E. Roundtree, Jr., Judge. [988 So.2d 60] William P. Galione, Gainesville; Andre M. Mura, Center for Constitutional Litigation, P.C., Washington, D.C., for David C. Borucke of Holland......
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Thomas v. Eckerd Drugs, No. 1D07-5905.
...or tends to prove the issues, it should be submitted to the trier of fact. See generally Joyner v. Anderson Columbia, Co., Inc., 988 So.2d 60, 60-61, 2008 WL 2695138, at *1 (Fla. 1st DCA 2008); Aberdeen at Ormond Beach, L.P., 760 So.2d at 130; Schneider v. City of Jacksonville, 933 So.2d 60......
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St. Onge v. White, No. 1D07-5763.
...July 11, 2008. Rehearing Denied August 20, 2008. An appeal from the circuit court for Alachua County. Robert E. Roundtree, Jr., Judge. [988 So.2d 60] William P. Galione, Gainesville; Andre M. Mura, Center for Constitutional Litigation, P.C., Washington, D.C., for David C. Borucke of Holland......