Florida/Georgia Personal Injury & Workers Compensation

...Rappenecker, Gainesville, for appellees. BOYD, Justice. This cause is before us on appeal from the Circuit Court, Levy County. The trial court, in its pre-trial order, entered after a pre-trial hearing and upon appellants' "Motion As To Constitutionality of Florida Statute 588.15", passed upon the validity of Section 588.15, Florida Statutes, 1971, giving this Court jurisdiction of the direct appeal under Section 3(b)(1) of Article V of the Florida Constitution, F.S.A....

...The facts of the case are as follows: Appellants seek review of a final judgment entered against them on September 26, 1972, in the Circuit Court, Levy County, upon a jury verdict of September 15, 1972. On September 5, 1972, prior to trial in this cause, appellants filed a "Motion As To Constitutionality of Florida Statute 588.15". Said Motion read, in part, as follows: "1 ... Florida Statute 588.15 provides as follows: "......

...e public roads, and persons being injured by virtue of the presence of cattle upon the public roads." In his pre-trial Order of September 11, 1972, the trial judge held as to appellants' motion: "The Plaintiff's Motion as to the constitutionality of Section 588.15, Florida Statutes, be and the same is hereby denied....

...dict for plaintiff would have been against all. Thus, appellees maintain that failure to give the instruction was harmless error at best. We agree. Now, let us turn to appellants' major contention. The crux of this appeal is the constitutionality of Section 588.15, Florida Statutes F.S.A....

...Since appellants do not question the authority of the Legislature to regulate the livestock industry, this Court must assume the legislation valid and constitutional. [5] The question is now — public policy aside — whether the requirement of proof of negligence under Section 588.15 operates as a denial of equal protection to appellants....

...The Warren Act is progressive and beneficial legislation. The burden of proof of negligence is far outweighed by the great benefit provided by the Warren Act to those who use the highway. Presumably, the Legislature had all the alternatives before it when it enacted Section 588.15....

...It is not this Court's function to re-legislate that Act. [10] Accordingly, the judgment of the trial court is affirmed. It is so ordered. CARLTON, C.J., and ROBERTS, ADKINS, McCAIN and DEKLE, JJ., concur. ERVIN, J., dissents with Opinion. ERVIN, Justice (dissenting): It is obvious that F.S. Section 588.15, F.S.A....

...eason, their owners are constructively trespassing thereon. It is the statutory duty of their owners at their peril to keep their livestock off the public roads. This is the true teaching of the Warren Act. F.S. Ch. 588, F.S.A.) The Warren Act (F.S. Section 588.15, F.S.A.) considered in the light of its history and purpose, should not be "watered" down to the usual type of simple negligence whereby an owner of cattle can require an injured motorist, the victim of a cow's trespass, to prove the o...

...The trial court granted summary judgment in favor of Wynns and the district court sitting en banc affirmed on the basis of Selby v. Bullock, 287 So.2d 18 (Fla.1973), wherein this Court ruled that a showing of at least negligence is required to establish liability against a livestock owner under sections 588.14 and 588.15, Florida Statutes (1971)....

...—No owner shall permit livestock to run at large on or stray upon the public roads of this state. § 588.14, Fla.Stat. (1991). Rather than holding livestock owners strictly liable, the legislature opted instead for a showing of at least negligence: 588.15 Liability of owner.—Every owner of livestock who intentionally, willfully, carelessly, or negligently suffers or permits such livestock to run at large upon or stray upon the public roads of this state shall be liable in damages for all injury and property damage sustained by any person by reason thereof....

...The accident occurred at night and resulted in injury and damage to Plaintiffs. Id. at 19-20 (quoting appellee's brief). The jury in Selby returned a verdict in favor of the livestock owner and the plaintiff appealed to this Court, arguing that his equal protection rights had been violated because section 588.15 requires a finding of at least negligence whereas the "dog bite" statute imposes strict liability....

...The Warren Act has delegated responsibilities and rights among livestock owners and motorists consistent within the goals of promoting the safety of highway users and the livestock industry. Any modification of this position should be done by the Legislature. Id. at 21 (emphasis added). The legislature has left section 588.15 intact following Selby and we are just as bound today as we were in 1973 to give the statute a literal reading....

...Although it is possible that the balance of interests between livestock owners and motorists has shifted in the intervening years, this is a matter for the legislature—not this Court—to address: Presumably, the Legislature had all the alternatives before it when it enacted Section 588.15....

...blic roads of this state. § 588.14, Fla. Stat. If an owner of livestock either willfully, intentionally, carelessly, or negligently allowed his stock to run at large or stray upon public roads he became liable for any damage to persons or property. § 588.15, Fla....

...document in this case is termed a "lease" or a "license." Morris has also urged that we analogize the liability of a lessor to the liability of a licensor. [2] The statutory sections noted remain in force today, with the exception of section 588.14. Section 588.15 now provides "[e]very owner of livestock who intentionally, willfully, carelessly, or negligently suffers or permits such livestock to run at large upon or stray upon the public roads of this state shall be liable in damages for all in...

...blic roads of this state. § 588.14, Fla. Stat. If an owner of livestock either willfully, intentionally, carelessly, or negligently allowed his stock to run at large or stray upon public roads he became liable for any damage to persons or property. § 588.15, Fla....

...Dupuis for damages, alleging that Dupuis, while driving a vehicle on a public highway, negligently struck and killed Toole's horse. Dupuis denied negligence and, without supporting affidavits or other proof, but relying solely on the argument that sections 588.14 and 588.15, Florida Statutes (1997), [1] impose strict liability on the owner of livestock running at large on the public roads, sought and obtained a summary judgment in his favor. We reverse. Florida law is clear that sections 588.14 and 588.15 do not impose strict liability on the owner of livestock astray on the public roads, but require proof that the owner intentionally, willfully, carelessly, or negligently permitted the livestock to run at large or stray upon the public road....

...Obviously, that burden was not met on this motion for summary judgment. REVERSED. STEVENSON and HAZOURI, JJ., concur. NOTES [1] Section 588.14, Florida Statutes (1997) provides: Duty of owner.—No owner shall permit live-stock to run at large on or stray upon the public roads of this state. Section 588.15, Florida Statutes (1997) provides: Liability of owner.—Every owner of livestock who intentionally, willfully, carelessly, or negligently suffers or permits such livestock to run at large upon or stray upon the public roads of this sta...

...ing goats, sheep, mules, horses, hogs, cattle, ostriches, and other grazing animals." Id. § 588.13(1) (Supp.1992). The statute provides civil liability for any owner who permits livestock to run at large upon or stray upon the public roads. See id. § 588.15 (1991)....

...“[t]he Warren Act has delegated, responsibilities and rights among livestock owners and motorists consistent within the goals of promoting the safety of highway users and the livestock industry.” 287 So.2d at 21 . In order to fulfill that purpose, the Act included provisions in section 588.15 that made the livestock owners responsible for damages caused by their animals that stray upon the public roads....

...osé individuals a tort remedy against the owner. Looking only to the specific provisions of section 588.16 and giving them their plain meaning, we see nothing to change' that conclusion. Moreover, as evident by the provisions of sections 588.14 and 588.15, Florida Statutes (2008), the Legislature knows how to impose tort liability for breach'of a duty of care owed to individuals, and we see no similar provision in section 588.16. See Welch v. Baker, 184 So.2d 188, 190 (Fla. 1st DCA 1966) (“Section 588.15 ... must be read in pari mate-ria with the preceding provision, Section 588.14, which lays down the owner’s duty, the negligent breach of which, under Section 588.15, makes the owner liable in damages, as follows: ‘No owner shall permit livestock to run at large on or stray upon the public roads of this state.’ ”)....

...ck running at large or straying upon the public roads. Included in the definition of livestock are mules. Section 588.14, F.S.A. reads as follows: “No owner shall permit livestock to run at large on or stray upon the public roads of this state.” Section 588.15 reads as follows: “Every owner of livestock who intentionally, wilfully, carelessly or negligently suffers or permits such livestock to run at large upon or stray upon the public roads of this state shall be liable in damages for all injury and property damage sustained by any person by reason thereof.” Section 588.15 does not, of course, exempt defendant from liability for its own negligence, even though the owner of....

...Howerton moved for summary judgment on the basis of the pleadings and plaintiff’s answers to interrogatories, which motion the Court granted. Upon entry of final summary judgment accordingly, plaintiff has appealed to this Court. We affirm. Appellant Beaver relies upon F.S. §§ 588.14 and 588.15, F.S.A....

...which are a compilation of §§ 3 and 4 of Ch. 25236, *64 General Laws of 1949, known as the Warren Act 1 , and which read as follows: “588.14 Same; duty of owner No owner shall permit livestock to run at large on or stray upon the public roads of this state.” “588.15 Same; liability of owner Every owner of livestock who intentionally, wilfully, carelessly or negligently suffers or permits such livestock to run at large upon or stray upon the public roads of this state shall be liable in damages for all inj...

...omobile being driven by him collided with “two black angus cows” owned by defendants. At trial verdict was directed for the defendants and final judgment entered accordingly. Upon appeal the 3rd District Court, after quoting F.S. §§ 588.14 and 588.15, F.S.A., supra, and adverting to the Supreme Court opinion in Lynch , said inter alia: “ * * * there is no merit in appellant’s contention that the fact that an animal was running at large on the highway justified an inference that defendants had violated the statute....

...field adjacent to the said road, which field was surrounded by a defective electric fence, which marked the boundary of defendant’s property and was adjacent to the said road near where the collision occurred”. Baker was sued for violating F.S. § 588.15, F.S.A., and upon trial the Circuit Court directed verdict for Baker....

...negligently permitted certain of his cattle to run at large upon,, or stray upon, the said public road because of his failure to maintain in reasonably good condition a fence for the enclosure of his said cattle, in violation of Sections 588.11 and 588.15, Florida Statutes, F.S.A....

...reasonably good condition, a fence for the enclosure of said cattle, so that said cattle were permitted to escape from his lands, and be at large upon *190 the above said public road in Madison County, Florida, contrary to the provisions of Sections 588.15 and 588.11 of the Florida Statutes [F.S.A.].” The first statutory provision (Section 588.15) thus cited and invoked in the complaint reads as follows: “Every owner of livestock who intentionally, wilfully, carelessly or negligently suffers or permits such livestock to run at large upon or stray upon the public roads of this...

...fective compliance with the provisions of §§ 588.011, 588.09, 588.10, disregarding minor or inconsequential differences in the size, shape or condition thereof, shall be sufficient for the purpose of evidencing the legal enclosure of said land.” Section 588.15, quoted above, must be read in pari materia with the preceding provision, Section 588.14, which lays down the owner’s duty, the negligent breach of which, under Section 588.15, makes the owner liable in damages, as follows: “No owner shall permit livestock to run at large on or stray upon the public roads of this state.” Sections 588.14 and 588.15 are, respectively, Sections 3 and 4 of Chapter 25236, Laws of Florida, Acts of 1949, popularly known as the Warren Act, after the name of the Governor who promoted the passage of this law designed to reduce the number of deaths, personal injur...

...Since the complaint in this case alleges only negligence on the part of the defendant in permitting his cattle to run at large upon the public road in question and does not allege that he “intentionally” or “wil-fully” did so (which quoted words are used in Section 588.15), we are concerned in this appeal only with the question whether the evidence at the trial was sufficient to support a finding by the jury that the defendant “carelessly or negligently” permitted his cattle to run at large upon the public road in question, so as to make out a case of liability under the provisions of Section 588.15. We are aided in our construction of Section 588.15 by two decisions of our sister district courts of appeal: Gordon v....

...going cases of Gordon v. Sutherland and Lee v. Hinson. As a consequence of such recognition, we think that the following rules are applicable to the present action, as well as to other similar actions based upon the provisions of Sections 588.14 and 588.15, Florida Statutes, F.S.A.; the mere fact that the defendant’s cattle were running at large upon the public road does not justify an inference that the defendant intentionally, willfully, carelessly, or negligently permitted them to do so; th...

...public road; that, whether or not the defendant had placed his cattle within an enclosure constituting a “legal fence” as defined by the earlier provisions of Chapter 588, Florida Statutes, F.S.A., he may be held liable under Sections 588.14 and 588.15, if the proof shows that he intentionally, willfully, carelessly, or negligently permitted his cattle to run at large upon the public road in ques *192 tion (as by negligently leaving open the gate to the said enclosure.) Applying the just-enu...

...at from the said evidence the jurors could have reasonably found that the defendant had carelessly or negligently permitted his cattle to run at large or stray upon the public road where the collision occurred, as contemplated by Sections 588.14 and 588.15, Florida Statutes, F.S.A....

...This duty is not subject to strict liability; see Fisel v. Wynns, 667 So.2d 761 (Fla.1996); Selby v. Bullock, 287 So.2d 18 (Fla.1973); Toole v. Dupuis, 735 So.2d 582 (Fla. 4th DCA 1999), but rather, liability arises only upon a showing of negligence: 588.15....

...Every owner of livestock who intentionally, willfully, carelessly, or negligently suffers or permits such livestock to run at large upon or stray upon the public roads of this state shall be liable in damages for all injury and property damage sustained by any person by reason thereof. § 588.15, Fla....

...On the issue of negligence, the trial court committed reversible error by instructing the jury that the defendant’s alleged failure to comply with section 588.01, Florida Statutes, could be considered as evidence of the defendant’s negligence under section 588.15, Florida Statutes (1999)....

...We reverse and remand for further proceedings. In his complaint, Hanson alleged that while driving his motor vehicle on Darby Road in Pasco County, he struck a bull which the Scharbers had negligently allowed to stray onto the roadway in violation of section 588.15, Florida Statutes (1995)....

...See generally Fisel v. Wynns, 667 So.2d 761 (Fla.1996). The pertinent sections of chapter 588, Florida Statutes (1995), which apply here are: 588.14 Duty of owner.—No owner shall permit livestock to run at large on or stray upon the public roads of this state. 588.15 Liability of owner.—Every owner of livestock who intentionally, willfully, carelessly, or negligently suffers or permits such livestock to run at large upon or stray upon the public roads of this state shall be liable in damages for all injury and property damage sustained by any person by reason thereof....

...is favor. Upon examination of the defendant’s deposition and the photographs of the gate, we do not believe that the defendant met the burden of conclusively proving that he had not negligently permitted his livestock to stray on the public roads. § 588.15, Fla.Stat....

...tock. Then the legislature enacted chapter 588 which, after establishing the legal requirements for a fence and gate, provides: 588.14 Duty of Owner. — No owner shall permit livestock to run at large on or stray upon the public roads of this state. 588.15 Liability of Owner....

...ons of law remain for the trial court to determine. 4444 Corp. v. City of Orlando, Fla., 598 So.2d 287 (Fla. 5th DCA 1992). I find that genuine issues of material fact exist, which should have precluded the granting of a motion for summary judgment. Section 588.15, Florida Statutes, provides that an owner who negligently permits their livestock to run at large upon or stray upon the public roads of this state shall be liable for all injury and property damage that resulted by reason thereof. I find that the negligence required in section 588.15 may be established by finding that the Wynnses violated section 588.14, and that violation establishes negligence per se....

...nce 1973 in regard to the liability of livestock owners, and nothing that suggests to me that this is a question of great public importance to be resolved by the Florida Supreme Court. If the majority members of this court are interested in revising section 588.15, Florida Statutes, then they should contact their legislative representatives rather than send a bogus issue to the Florida Supreme Court....

the livestock to “stray upon” public roads. See § 588.15, Fla. Stat. (2012). Appellant claimed that the