CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2007 WL 776539
...The State also suggested that because Ms. Lebron regularly traveled this particular route to work at approximately 5:00 p.m., her familiarity with the conditions would mean that she knew that during rush hour, traffic would be "moderate to heavy." Finally, the State pointed to section 316.084(2), Florida Statutes (2005), which provides that a driver of a vehicle may overtake and pass another vehicle on the right side only under conditions permitting such movement in safety....
...Lebron had operated her automobile at an excessive rate of speed at a time and under circumstances when traffic conditions might well make her operation of the vehicle reckless. In addition, her decision to attempt a pass of the slower vehicle on the right may have been improper in view of section 316.084(2), previously noted....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2004 WL 1779064
...STONE, J. Plaintiff appeals a judgment following a verdict in favor of Defendant. We reverse. The trial court denied Plaintiff's request to charge the jury on an essential issue in the case where the evidence supported giving a charge on violation of section 316.084(2), Florida Statutes, governing vehicles passing on the right....
...d. In contrast, Plaintiff and his passenger testified that the truck had signaled the right turn, did not cross into the left-hand southbound lane before turning, and Defendant tried to pass on the shoulder. Plaintiff requested a jury instruction on section 316.084(2), which governs the circumstances when overtaking a vehicle on the right is permitted, arguing the evidence supports a charge advising the jury about the statute....
...Initially, Plaintiff requested that the court read only a portion of the statute, but at conference, in response to a court comment that if it gave the charge the whole statute should be included, Plaintiff agreed the entire statute should be read. Section 316.084, provides: (1) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions: (a) When the vehicle overtaken is making or about to make a left turn; (b) Upon a street or highway with...
...ort the giving of the instruction, and (3) the instruction was necessary to allow the jury to properly resolve the issues in the case. See Wransky v. Dalfo,
801 So.2d 239, 243 (Fla. 4th DCA 2001). We conclude that a failure to give an instruction on section
316.084 was an abuse of discretion....
