CopyCited 35 times | Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 224, 2005 Fla. LEXIS 613, 2005 WL 774823
...The Colinas' vehicle was struck by one of the oncoming vehicles, resulting in Mrs. Colina's death. See id. The district court there held that the county's failure to repair the traffic signal was not the proximate cause of the collision because the actions of the drivers constituted intervening causes. Citing section 316.1235 of the Florida Statutes (1979), which required drivers to treat an inoperable traffic signal as a four-way stop, the district court stated that the oncoming driver failed to stop as required by law, and that Colina had breached his duty to proceed into the intersection only when reasonably safe to do so....
...Thus, in the course of human events, it is certainly foreseeable that drivers approaching an intersection with an inoperable traffic light will fail to stop, despite the traffic law requiring drivers to treat the inoperable signal as a four-way stop. See § 316.1235, Fla....
...However, I do not join in the majority's opinion because I do not agree that the duty on the part of Florida Power & Light Company (FPL) in this case was a duty to warn of the danger of the traffic lights being out. The motorists driving through this intersection had a duty to know whether the traffic light was working, § 316.1235, Fla. Stat. (1997), and to observe the requirements of section 316.123(2), Florida Statutes (1997), if the traffic light was inoperative....
CopyCited 14 times | Published | Florida 3rd District Court of Appeal
...of Mrs. Colina's death. The case, however, turns on whether Masferrer's and Colina's actions constituted superseding, intervening causes relieving the county of liability. We hold that their actions were such intervening causes. As previously noted, section 316.1235, Florida Statutes (1979) requires drivers to treat intersections with malfunctioning traffic lights as if controlled by stop signs. Section 316.123(2), Florida Statutes (1979) describes the manner of stopping and requires that a driver yield the right-of-way to any vehicle "which is approaching so closely ......
...However, Dade County has no record of the report. Additionally, according to standard procedure the county would not respond to such a report because in the vast majority of cases the light begins working again when power is restored. [2] His stop complied, whether knowingly or not, with section 316.1235, Florida Statutes (1979). 316.1235 Vehicle approaching intersection in which traffic lights are inoperative. The driver of a vehicle approaching an intersection in which the traffic lights are inoperative shall stop in the manner indicated in s. 316.123 (2) for approaching a stop intersection. In the event that only some of the traffic lights within an intersection are inoperative, the driver of a vehicle approaching an inoperative light shall stop in the above-prescribed manner. 316.123 Vehicle entering stop or yield intersection....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2001 WL 1093037
...denied,
464 So.2d 554 (Fla.1985), the plaintiff sued the county for negligence in connection with a collision at an intersection with a malfunctioning traffic light. The third district noted that the two drivers involved in the accident had not complied with section
316.1235, Florida Statutes (1979), which required drivers to treat intersections with malfunctioning traffic lights as if controlled by stop signs....
...endants'] conduct was, as a matter of law, not a legal cause of the plaintiff's damages." Id. at 1163. Under Adoptie and Colina, Calvert's failure to stop at the intersection was a superseding intervening cause relieving FP & L of any liability. See § 316.1235, Fla. Stat. (2000) (providing that the "driver of a vehicle approaching an intersection in which the traffic lights are inoperative shall stop in the manner indicated" in section 316.123(2), Florida Statutes (2000))....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2000 WL 502488
...tive for cocaine. Officer Price arrested Robinson and additional contraband was found on his person. Although it may come as a revelation to some, the failure to stop at the stop line or bar rather than the stop sign itself, is a traffic infraction. Section 316.123(21)(a) provides in pertinent part: Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, .......
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1993 WL 31579
...ng cause of the accident exculpating the county from responsibility. In the alternative, the county argued that the van had illegally crossed the intersection, and the same result of no liability on the county's part should obtain. We observe, under section 316.123, Florida Statutes (1991), that when a traffic signal is energized and fully functioning, it forms the basis for a motorist either proceeding or yielding in the intersection....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 7291, 2014 WL 1976269
...5th DCA 2013) (holding no competent, substantial evidence supported sole rationale for traffic stop, and therefore, reversing denial of suppression); T.T.N. v. State,
40 So.3d 897, 900 (Fla. 2d DCA 2010) (reversing conviction where there was no basis for arresting officer to conduct investigatory stop). Section
316.123(2)(a) requires a driver to stop “at” the stop line if one is marked....
...ghways. See Chaitkin v. Dep’t of Highway Safety & Motor Vehicles,
294 So.2d 352, 354 (Fla. 1st DCA 1974). This Court has previously held that when a vehicle “pulled beyond or ahead of the stop line,” a traffic infraction has occurred under section
316.123(2)(a), and a valid traffic stop may result....
...Denner, 298 Wis.2d 249 , 726 N.W.2d 357 (App.2006) (permitting officer to consider front tires being one or two feet over stop line in assessing, under totality of circumstances, whether driver seemed impaired); see also United States v. Smith, No. 2:06-cr-42-FtM-29SPC,
2006 WL 2226313 (M.D.Fla. Aug. 3, 2006) (finding that section
316.123(2)(a) is violated when a vehicle’s “front tires [a]re across the stop line”)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 4936, 2010 WL 1460298
...court did not err in failing to instruct the jury on this issue. The second claimed error is the instruction provided to the jury relating to the law regarding intersections marked by a stop sign. The trial court instructed the jury that pursuant to Section 316.123(2)(a), Florida Statutes, "every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line." The trial court did not err in providing this instruction to the jury as the parties stipulated that Cruz did not stop before making the U-turn that immediately preceded the first collision, and Dr. Perper testified that the injuries Cruz sustained may have been caused by this collision. Section 316.123(2)(a) was therefore applicable and the jury instruction given was appropriate....
CopyPublished | Florida 1st District Court of Appeal | 1978 Fla. App. LEXIS 14984
...The trial judge refused to give an instruction requested by Appellant on Section
316.121(1), Fla.Stat., which sets out the duty of a driver approaching an intersection to yield the right of way to a vehicle which has entered the intersection from a different highway. He did instruct on Section
316.123, which prescribes the duty to stop at STOP signs and yield the right of way to vehicles on the protected road....
CopyPublished | Florida 1st District Court of Appeal
...We agree with the trial court's holding in that it is supported by clear and undisputed testimony. The proximate cause of the accident was appellant's negligence in proceeding into the intersection in front of appellee's approaching vehicle at such a time as it was impossible for appellee to avoid the collision. *35 Section 316.123, Florida Statutes, F.S.A., provides that: "(2) Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line......
...Appellants contend that there are material issues of fact involved herein and that the issues of negligence and contributory negligence were ones for jury determination. I am inclined to agree. I agree with the Section of the Statute cited in the majority opinion to wit: Section 316.123, Florida Statutes, F.S.A., but whether or not, under circumstances of *36 this case, this section of the statute was violated by the appellant became and was a jury question....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 1924, 2011 WL 520476
...The crash occurred at an intersection a few days after Hurricane Wilma struck Palm Beach County. Due to the hurricane, the intersection's traffic lights were inoperative. In such a situation, Florida law requires motorists to treat the intersection as a four-way stop. See § 316.1235, Fla. Stat. (2005) ("The driver of a vehicle approaching an intersection in which the traffic lights are inoperative shall stop in the manner indicated in s. 316.123(2) for approaching a stop intersection."); § 316.123(2)(b), Fla....
...es. Thus, a jury could determine that, even though the FedEx driver had the right-of-way, her alleged failure to look left again before entering the intersection was negligence, and that such negligence was a legal cause of the decedent's death. See § 316.123(2)(a), Fla....
