CopyCited 18 times | Published | Florida 1st District Court of Appeal | 1992 WL 282088
...The defendant, The Home Depot, Inc., breached that duty by loading lumber into the passenger vehicle in such a manner that it projected 6 inches or more beyond the line of the fenders on the right side thereof. Home Depot's liability was initially expressly predicated, in part, upon a violation of section 316.510, Florida Statutes, [2] which prohibits operating a vehicle with a load extending more than 6 inches beyond the line of the fenders on the right side....
...duty which, had it been performed, would have prevented the injury of which complaint is made by the plaintiff. 38 Fla.Jur. 2d, Negligence, § 15. Turning now to the "duty" issue argued by Kowkabany below and on appeal, it appears that she relies on section 316.510, Florida Statutes, to impose a statutory duty upon Home Depot and thereby bring herself within the ambit of the above referenced general rule....
...uding load). However, the problem with such an argument is that it focuses entirely upon the beneficiary of the duty (the plaintiff) without recognizing the limited class of persons who are subject to the duty (operators of motor vehicles). Clearly, section 316.510 operates to protect motorists and other users of the highway including, we believe, bicyclists such as Kowkabany....
...o absolve them of responsibility. Because the Remseyers did not have counsel at trial, and there was some dispute as to the proper interpretation of the release agreement, Kowkabany decided to voluntarily dismiss the Remseyers without prejudice. [2] Section 316.510, Florida Statutes (1987), provides: "No passenger type vehicle shall be operated on any highway with any load carried thereon extending beyond the fenders of the left side of the vehicle or extending more than 6 inches beyond the line of the fenders on the right side thereof." (Emphasis added)....
