CopyCited 48 times | Published | Florida 3rd District Court of Appeal | 1993 WL 130551
...an order granting the plaintiffs' motion for directed verdict upon the issue of liability and for a trial solely on the issue of damages. NOTES [1] The fact that it was raining is not sufficient to rebut the presumption of negligence. See generally § 316.185, Fla....
CopyCited 24 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 111
...
398 So.2d at 894. Respondent also points out that in Menard v. O'Malley , the district court found the trial court's failure to instruct on section 316.030 (careless driving) and
316.183 (unlawful speed) was not error, but the failure to instruct on section
316.185 (special hazards) required reversal....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal
...We agree that the denial of the instruction based on Fla. Stat. § 316.030, "Careless driving," was not error. In a like manner, we agree with the court's denial of an instruction on Fla. Stat. §
316.183, "Unlawful speed" was not error. We think that the denial of the instruction on Fla. Stat. §
316.185, "Special hazards," was error under the circumstances presented by the evidence....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1993 WL 182478
...nable in light of hazards existent under the circumstances. In Sotuyo and in Robinson v. Gerard,
611 So.2d 605 (Fla. 1st DCA 1993), the court held that an unlawful speed instruction was not duplicated or covered by an instruction on special hazards (section
316.185)....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2004 WL 329939
...Thus, the jury was deprived of its opportunity to apportion fault between these drivers and was left with the choice of either assessing fault for the accident entirely to Ms. Howell, or finding no liability. The Howells requested a special jury instruction based on section 316.185, Florida Statutes (1999), which provides that a driver should decrease speed below the posted limit when there is a special hazard....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1991 WL 204620
...nce of the city of Fort Walton Beach, and (2) refusing to give standard jury instruction 4.11 regarding alleged violations of the Florida Uniform Traffic Control Law, specifically section
316.183(1), Florida Statutes, relating to unlawful speed, and section
316.185, Florida Statutes, relating to special hazards....
...amount of traffic, and the fact that the street was in a residential neighborhood. At trial, the plaintiff sought jury instructions pursuant to Florida Standard Jury Instruction 4.11 in reference to violations of section
316.183, Unlawful Speed, and section
316.185, Special Hazards, based upon an argument that Williams should have reduced his speed below the 25 mile per hour requirement on Wright Parkway....
...g. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care. Section 316.185 provides as follows: The fact that the speed of a vehicle is lower than the prescribed limits shall not relieve the driver from the duty to decrease speed when ......
...) (unlawful speed), occurred. In addition, appellant argued that the jury could have found that appellee should have moved over in his lane in order to avoid the special hazard (the bicyclist) and that his failure to do so constituted a violation of section 316.185, (special hazards)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1995 WL 270947
...Plaintiffs advance four arguments in support of their argument on this point, but we need only address one. In support of the defendant's theory of comparative negligence, Murray's counsel persuaded the trial court over Bach's objection to instruct the jury that violation of section 316.185, Florida Statutes (1989) was evidence of negligence....
...Appellants contend that under the facts and circumstances of this case, this instruction was inapplicable and thus erroneous. Again, we agree. Specifically, the objectionable instruction read in pertinent part as follows: Violation of Florida Statute 316.185, which I shall read to you, is evidence of negligence....
...It is not, however, conclusive evidence of negligence. If you find that a person alleged to have been negligent violated such traffic regulation, you may consider that fact, together with the other facts and circumstances, in determining whether such person was negligent. Chapter 316.185 of the Florida Statutes is entitled Special Hazards....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1999 WL 12701
...he process of slowing down its speed; and 6) the pedestrians ran across the roadways from the driver's left to right, as opposed from right to left. Based on this testimony, the plaintiff argued the trial court should give an instruction pursuant to section 316.185....
...(emphasis added) The evidence in this case pointed to the fact that Santiago, at the time of the accident, was traveling at or below the speed limit. The plaintiff wanted the trial court to instruct the jury that, under the conditions described by the defense expert, there were special hazardous conditions contemplated by section 316.185, which should have required Santiago to slow down below the speed limit and exercise more than normal caution. We disagree. Section 316.185 refers to exceptional circumstances or special hazards of which a driver should be aware, while driving the speed limit on a road or highway....
...river's vision to a degree. Were we to say these are special hazardous conditions, we would also have to conclude that driving at the speed limit at night is, in most cases, negligent. Further, it appears to us that the special hazards referenced in section 316.185 must have reference to dangers or threats of which a driver is either aware or should be conscious....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1993 WL 2972
...with the other facts and circumstances, in determining whether such person was negligent. Although the trial court denied the above requests, it did give plaintiffs' requested instruction, as modified, on special hazards as follows: Florida Statute 316.185 states in part: "When special hazards exist or may exist with respect to other traffic or by reason of other roadway conditions, speed shall be decreased as may be necessary to avoid colliding with any person, vehicle or other conveyance on t...
