| Andrews v. Margate, 546 So2d 106 (1989). A 12 year old boy riding to school was struck and killed by a cement truck 60 feet beyond a busy intersection. Summary judgment for city reversed and remanded. From the opinion: "As he approached the intersection, he dismounted and remounted, riding first across West Atlantic Boulevard and then, after dismounting and remounting again, across State Road 7, up a wheelchair/bicycle ramp, and past a light pole on the outer edge of the sidewalk. His friend, following behind, observed that, when Casey went around the light pole, he began to wobble, apparently causing him to enter the street as he crossed an intersecting sloped driveway. "It was normal for [the crossing guard] to see children riding their bicycles across the intersection. She testified at her deposition that she was never instructed by her employer, the City, that doing so was unsafe. "At the hearing on summary judgment, the plaintiffs referred in the record to a number of policy and safety documents evidencing two relevant duties. First, in the City's job description, crossing guards were to 'guide children across streets at designated school crossings, to protect them from the hazards of vehicular traffic,' and 'to be the eyes and ears for the children, to control and guide them to and from their destinations without incident.' Second, as described by plaintiffs' expert ... in his affidavit, normal guidelines regarding the safe crossing of bicyclists require them to dismount and walk their bicycles across an intersection within the confines of a crosswalk. [The expert] then went on and developed a causal link between Casey's not dismounting and his instability at the accident position. He said, 'such action allowed for the bicyclist, Casey Andrews, to arrive at the farside curbing at a speed and under such dangerous control conditions that the curb ramp in its proximity to a Florida Power & Light Company pole resulted in a "wobbling" response ... with ultimate demonstration of control loss and movement into the street." |
||||
| Home Disclaimer |
||||