Pahucki v. Armster, 4075

• Court: Court of Appeal of Florida (US)
• Writing for the Court: PER CURIAM
• Citation: 161 So.2d 719
• Parties: Anna F. PAHUCKI, and Barney Pahucki, for himself individually and as a natural guardian and next friend to Delores Pahucki, a minor, Appellants, v. Elder ARMSTER, Appellee.
• Docket Number: No. 4075,4075
• Decision Date: 18 March 1964

Page 719

161 So.2d 719 Anna F. PAHUCKI, and Barney Pahucki, for himself individually and as a natural guardian and next friend to Delores Pahucki, a minor, Appellants,
v.
Elder ARMSTER, Appellee. No. 4075. District Court of Appeal of Florida, Second District. March 18, 1964.

Page 720

Robert R. Tench, of Tench & Whitehurst, Clearwater, for appellants.

Kenneth A. Sunne, of Law Office of Robert W. Wilson, Clearwater, for appellee.

PER CURIAM.

Plaintiffs appeal a final judgment entered on directed verdict for the defendant at the conclusion of plaintiffs' case in a negligence action. The case was submitted on testimony supplementing an agreed statement which reads as follows:

'On October 16, 1961, at 7:55 P.M., in the City of Clearwater, the Defendant, Elder Armster, was traveling east on Drew Street, in a 1961 four-door Cadillac Sedan owned and operated by him. With him were his wife, Iva Armster, and three passengers, Naomi Edwards, Gertrude Fowler and Augustus Fowler.

'The Plaintiff, Anna Pahucki, was operating a 1956 four-door Chevrolet Sedan, owned by her husband, Barney Pahucki. Mrs. Anna Pahucki, the Plaintiff, had picked up her daughter, Delores Pahucki, at 1884 Drew Street, and her vehicle was located in the private parking area on the north side of Drew Street.

'Drew Street is a four lane paved road, 39' 3"" wide, with two lanes running east and two lanes running west. These east-west lanes are separated by double yellow lines. The street is illuminated by street lights and is a business area. Driveways lead from the parking area to Drew Street. The roads were dry and the sky clear.

'The Plaintiff's vehicle entered Drew Street from the north side, crossing the west bound lanes and proceeded to make a left turn into the east bound lane closest to the center line The Defendant was traveling east on Drew Street as the Plaintiff's vehicle entered Drew Street. The Defendant applied his brakes but the left front fender of the Defendant's vehicle struck the right rear fender and door of the Plaintiff's car, causing Plaintiff's car to swerve to the left and to the right, coming to a stop, facing southeast in the east lanes of Drew Street. Defendant's vehicle came to a stop facing southeast in the east bound lanes of traffic.

'The Plaintiff charges the Defendant with liability for this accident by reason of his careless operation of his vehicle, claiming that the Defendant was traveling at an excessive rate of speed, failed to have his vehicle under proper control, and did change lanes of traffic prior to the collision. The Plaintiff further claims that the Defendant

Page 721

had time to avoid the collision, but did not do so.

'The Defendant denies liability for the accident by denying that he changed lanes; that he did not have his vehicle under control; and was traveling at an excessive rate of speed, and further claims that the Plaintiff entered the street from a private road, seeing and knowing of the Defendant's approaching vehicle, thus causing the collision. Defendant further states that at the time of the entrance of Plaintiff's vehicle into the flow of traffic, there was no possible way for the Defendant to avoid the accident.

'The...