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Wright v. City of St. Petersburg

District Court of Appeal of Florida, Second District
Mar 22, 1974
291 So. 2d 639 (Fla. Dist. Ct. App. 1974)

Opinion

No. 73-37.

March 22, 1974.

Appeal from the Pinellas County Court, Robert A. Freeze, J.

Morris W. Milton of Minnis, Williams Milton, St. Petersburg, for appellant.

James P. Ogden, Asst. City Atty., St. Petersburg, for appellee.


Plaintiff/appellant suffered a directed verdict in her action against appellee for injuries sustained when she was thrown to the floor of a city bus in which she was a paying passenger. The alleged injuries occurred when the bus was forced to swerve into the curb to avoid hitting a car which had suddenly pulled out in front of it. We reverse.

The record reveals sufficient evidence of a prima facie breach of the city's high degree of care owed to its passengers for hire, and therefore the jury should have been permitted to decide the issues of negligence and damages. There was some evidence that the bus was traveling 45 m.p.h. in a 35 m.p.h. zone when the car pulled in front of it. If true, this was some evidence of negligence. The sudden emergency theory, the apparent basis of the directed verdict, could not exonerate the City if the emergency resulted from the negligence of its driver. Additionally, the question of proximate causation is also a jury question.

Cf. Seaboard Coast Line Railroad Company v. deJesus (Fla.App.2d 1972), 266 So.2d 108; see also, Instruction 4.11, Fla. Standard Jury Instructions, 31 F.S.A.

In view whereof, the judgment appealed from should be, and it is hereby, reversed; and the case is remanded for a new trial.

Reversed.

HOBSON, A.C.J., and McNULTY and GRIMES, JJ., concur.


Summaries of

Wright v. City of St. Petersburg

District Court of Appeal of Florida, Second District
Mar 22, 1974
291 So. 2d 639 (Fla. Dist. Ct. App. 1974)
Case details for

Wright v. City of St. Petersburg

Case Details

Full title:BESSIE B. WRIGHT, APPELLANT, v. CITY OF ST. PETERSBURG, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Mar 22, 1974

Citations

291 So. 2d 639 (Fla. Dist. Ct. App. 1974)

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