Florida/Georgia Personal Injury & Workers Compensation

...Hutt as a result of an automobile accident she was involved in while a member of a funeral procession allegedly supervised by Union Park. [1] The parties stipulated that Ms. Hutt was traveling through a red light at the time of the collision and that her vehicle headlights were on, as required by section 316.1974(3), Florida Statutes (1991)....

...n. In dismissing the complaint, the trial court relied on the First District Court of Appeal's decision in McCorvey. On similar facts, the McCorvey court appears to hold that a funeral director owes no duty to members of a funeral procession because section 316.1974, Florida Statutes, does not impose such a duty....

...On appeal, the district court in this case reversed, concluding that when read with all inferences favorable to the Hutts, their complaint alleges sufficient facts to establish a duty on the part of Union Park. 652 So.2d at 430. The district court determined that if McCorvey, "stands for the proposition that section 316.1974, Florida Statutes, relieves a funeral director of any duty ......

...Velella, 69 N.Y.2d 1026, 517 N.Y.S.2d 912, 511 N.E.2d 56, 57 (1987) (finding that a funeral home "by undertaking to lead the funeral procession, `clearly owed a duty to refrain from creating an unreasonably hazardous situation for those participating in the procession'"). First, we agree with the court below that section 316.1974 [3] "does not address the existence velnon of a funeral director's duty to use care in planning and leading a funeral procession in such a manner that minimizes reasonably anticipated risks to those participating in the procession." Hutt, 652 So.2d at 429....

...y with the area and the knowledge that the intersection was heavily travelled and its knowledge that all vehicles in the funeral procession could not pass through the intersection during one cycle of the green light for traffic on State Road 50. [3] Section 316.1974(2), Florida Statutes (1991), provides: Pedestrians and the operators of all vehicles, except emergency vehicles, shall yield the right-of-way to each vehicle which is part of a funeral procession....

...hicle at the intersection. The trial court was correct in dismissing the amended complaint. It did not state a cause of action against appellee funeral home. Florida law does not impose upon a funeral director the duty of care alleged by appellants. Section 316.1974, Florida Statutes, provides in pertinent part: (2) Pedestrians and the operators of all vehicles, except emergency vehicles, shall yield the right of way to each vehicle which is a part of a funeral procession....

...to do so, even at this dangerous intersection, and further, it did not warn the participants about the dangers of entering the intersection against a red light. If McCorvey v. Smith, 411 So.2d 273 (Fla. 1st DCA 1982) stands for the proposition that section 316.1974, Florida Statutes, relieves a funeral director of any duty in these regards to participants in funeral processions, as apparently the trial judge in this case perceived it, then we think that case was wrongly decided....

...Chapter 493, Florida Statutes (2008), regulates private security, investigative, and repossession services. Section 493.6124 prohibits the use of any pictorial portion of the seal of the State of Florida in connection with any activities regulated under Chapter 493. [1] Additionally, section 316.1974(2)(a), Florida Statutes (2008), specifies the type of lights that may be used by a non-law enforcement funeral escort vehicle. Section 316.1974(2)(a) provides that "[a]ll non-law enforcement funeral escort vehicles......