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508 So. 2d 1299

508 So.2d 1299

12 Fla.L.Weekly 1502

Masters v. Wright

District Court of Appeal of Florida

Decided June 17, 1987

District Court of Appeal of Florida · decided 1987-06-17

Key passage — most relied on by later courts

“the danger of pedestrians being struck by a motor vehicle on the ... [b]ridge is readily apparent... .”

quoted by 1 later decision, including STATE, DEPT. OF TRANSP. v. Caffiero

Relies on 371 So. 2d 1010 - Commercial Carrier Corp. v. Indian River Cty. · 419 So. 2d 1071 - Department of Transp. v. Neilson · 419 So. 2d 1082 - City of St. Petersburg v. Collom

Good law ✅— No negative treatment on recordhow we know

Decided 1987-06-17

How this case has been cited

Cited by 5 later decisions — most recently August 2011

5 state decisions

201987199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Clara MASTERS, As Personal Representative of the Estate of Ralph A. Masters, and Clara Masters, Individually, and Charlene Durick, As Personal Representative of the Estate of Henry J. Durick and Charlene Durick, Individually, Appellants,
v.
Grosvenor S. WRIGHT and Shelly Lynn Wright, His Wife, Florida Department of Transportation, et al., Appellees.

No. 4-86-2156.

¶1District Court of Appeal of Florida, Fourth District.

June 17, 1987.
Rehearing Denied July 21, 1987.

¶2Osborne Walker O'Quinn, Fort Pierce, and Dennis J. Slyman, Greensburg, Pa., for appellants.

¶3Lee E. Muschott of Brennan and Muschott, Fort Pierce, for appellee, Fla. Dept. of Transp.

¶4PER CURIAM.

¶5This appeal arises out of entry of summary final judgment in favor of appellee. We affirm and agree with the trial court's findings, recited hereinafter.

¶6This case arose from an automobile-pedestrian accident on Roosevelt Bridge in Stuart, Florida. A complaint was filed by the spouse and by the personal representative of the estate of Henry Durick who was killed as a result of said accident. The Florida Department of Transportation was named as a defendant along with the owner of the car, the driver of the car and an automobile brake repair business that had *1300 undertaken the repair of the subject car's brakes.

¶7The allegations against appellee as set forth in appellant's complaint were that appellee was negligent in failing to prohibit persons from fishing from the subject bridge; that appellee was negligent in failing to warn persons of the danger of fishing from said bridge and that appellee was negligent in designing the bridge with an unprotected pedestrian walkway.

¶8The trial court held:

Specifically, this Court finds that the design and construction of the Roosevelt Bridge, as well as the decision to permit pedestrian traffic thereon, are planning level functions for which sovereign immunity attaches, Commercial Carrier Corp. vs. Indian River County,371 So.2d 1010 (Fla., 1979) and Department of Transportation vs. Neilson,419 So.2d 1071 (Fla., 1982). With respect to the failure to warn, this Court finds that the danger of pedestrians being struck by a motor vehicle on the Roosevelt Bridge is readily apparent to persons utilizing said bridge as pedestrians, and therefore there is no duty to warn of this open and obvious hazard, City of St. Petersburg vs. Collom,419 So.2d 1082 1081 (Fla., 1982).

¶9We affirm.

¶10ANSTEAD, GLICKSTEIN and GUNTHER, JJ., concur.

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